Medical malpractice liability and its consequences

• Published in: Actas urológicas españolas (English ed.) 2020-05, Vol.44 (4), p.251-257
• Main Authors: Vargas-Blasco, C, Gómez-Durán, E L, Martin-Fumadó, C, Arimany-Manso, J
• Format: Article
• Language: eng ; spa
• Subjects: Adult; Female; Humans; Liability, Legal; Male; Malpractice; Middle Aged; Spain; Surveys and Questionnaires; Urology
• ISSN: 2173-5786
• DOI: 10.1016/j.acuro.2020.01.004

Urology is a specialty of medium risk of claim. Receiving a claim for medical professional liability is a stressful experience with significant repercussions. The objective of this study was to assess the impact of these claims on Spanish urologists. A survey on medical professional liability in urology was designed. The Spanish Association of Urology and the Urological Research Foundation approved the questionnaire, generated by the PIEM online tool. The total number of responses obtained was 202 (11.6% rate), of which 25.24% reported having been claimed, 88% reported mood changes after being claimed, 100% in criminal proceedings. The level of emotional involvement reported was the highest at the beginning of the process and progressively decreasing until its resolution. An affected doctor-patient relationship was considered in 67.9% of cases and 71.4% acknowledged increased defensive medicine in their professional practice. A percentage of 6.7% considered leaving the profession. The response rate obtained and the medical acts motivating the claims were comparable to those obtained in a similar survey conducted in the United States. The fact that claims are perceived as very stressful situations and may give rise to the phenomenon of the second victim or to the clinical judicial syndrome is clear, so efforts should be devoted to develop training in this matter and programs that address the consequences derived from these situations.