MP10-20: Medical Malpractice Lawsuits Involving Urology Trainees

Roei Golan*, Tallahassee, FL, Manish Kuchakulla, New York, NY, Arjun Watane, New Haven, CT, Raghuram Reddy, Miami, FL, Ravi Parikh, New York, NY, Ranjith Ramasamy, Miami, FL

Introduction: Malpractice suits are lengthy and may cause a heavy psychological burden on young physicians at the inception of their careers. Our objective was to distinguish the various characteristics of medical malpractice lawsuits involving trainees to prevent future litigation.

Methods: LexisNexis, an online legal research database containing legal records from the United States, was retrospectively reviewed for malpractice cases involving urology interns, residents, or fellows from January 1, 1988, to December 31, 2020.

Results: A total of 16 cases were included, of which 7 (43.8%) involved urological allegations while 9 (56.2%) involved non-urological allegations. 5 of the cases consisting of non-urological adverse outcomes led to mortality. Procedural error was claimed in 12 (75%) cases, negligence in 7 (43.8%), delayed evaluation in 6 (37.5%), lack of informed consent of procedure or complications in 4 (25%), failure to pursue treatment in 4 (25%), inexperienced trainee in 2 (12.5%), failure to supervise trainee in 2 (12.5%), lack of informed consent of trainee involvement in 1 (6.2%), incorrect diagnosis in 1 (6.2%), and prolonged operative time in 1 (6.2%) case. The average time from medical injury to verdict date was around 5 years. The median time was 4.4 years (IQR 3.9 - 5.2 years), with a maximum time of 11.9 years and a minimum time of 1.8 years. Five (31.2%) cases led to the jury rendering a defense verdict, and 6 (37.5%) cases resulted in payout for the plaintiff (median $728,491; IQR $439,245 - $1,350,000). The other 5 (31.2%) cases resolved in a settlement (median $490,000; IQR $397,500 - $525,000). Payouts, whether through verdict or settlement, occurred in 11 (68.8%) cases.

Conclusions: The cases reported in this study highlight the importance of perioperative care, communication skills between attending physicians, trainees, and patients, providing detailed informed consent, careful documentation, and acknowledging mistakes. Future research should focus on strengthening training programs' execution of malpractice prevention amongst trainees. In addition to mitigating malpractice lawsuit risk, malpractice education may benefit the healthcare system and most importantly, the patients and their families.

Source of Funding: None