<- Home <- Arhive <- Vol. 25, Issue 3, September 2017



Rom J Leg Med25(3)272-278(2017)
DOI:10.4323/rjlm.2017.272
© Romanian Society of Legal Medicine


General surgery malpractice claims in Turkey

H. Eş, Y. Özer, Z. Liman, A. N. Şanlı


Abstract: Objective. General surgery is one of the branches mostly claimed in Turkey. In this study, malpractice lawsuits in general surgery were evaluated in terms of the specific body part affected by the presence of trauma or pathology. Methods. In the study, lawsuit cases between the years 2005 and 2010, in which general surgeons primarily sued, were mainly examined. Results. A total of 438 cases, 83.3% were natural diseases and 16.7% were trauma cases. In natural diseases, gall bladder, thyroid, appendix, hernia, and colorectal pathologies were frequently observed. Of all the cases examined, malpractice was confirmed in 32.9% of the cases while, in 64.4% of the cases, either no medical error existed, or the injury was considered to have been due to a complication. No statistically significant difference was observed in traumatic and nontraumatic cases in terms of confirmed malpractice. No significant difference was observed in the range of medical error existence according to the diseases. The leading reasons of medical errors in our study were lack of attention, care or ability during the operation (32%), preoperative deficiency of diagnostic tests or diagnosis error (24%) and failure to recognize a postoperative complication (17%). Conclusion. We consider that gaining insight on the characteristics of the reasons for claims and errors in malpractice cases to be beneficial in protecting healthcare professionals, especially surgeons, as well as beneficial for patients’ health.
Keywords: Informed consent, medical facilities, ethics, patient, healthcare professional.



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