Trends in joint arthroplasty litigation over five years: the British experience

INTRODUCTION

Increasing numbers of joint arthroplasty are performed in Britain. While associated complications are well documented, it is not known which of those initiate malpractice claims.

METHOD

A five-year period was assessed for trends to highlight areas for further improvement in patient information and surgical management.

RESULTS

The National Health Service paid out almost £14 million for 598 claims. Forty per cent of this was for legal costs. The number of claims increased over time while the rate of successful claims decreased.

CONCLUSIONS

A failure to consent adequately and to adhere to policies and standard practice can result in a successful malpractice claim. Protecting patients intrao-peratively and maintaining high technical expertise while implementing policies and obtaining informed consent decreases the litigation burden.