MALPRACTICE SUITS AFTER POSTOPERATIVE INFECTION IN THE LOCOMOTOR SYSTEM - EVALUATION OF 261 DECREES BASED ON EXPERT EVIDENCE

Postoperative infection in the locomotor system may lead to malpractic e suits. The aim of the study was to determine the success rate of the se claims and the type of expert-confirmed medical negligence so that strategies for avoiding such negligence can be offered. A total of 261 decrees concerning suspected malpractice after postoperative infectio n in the locomotor system were retrospectively evaluated. Of these, 43 .7 % claims were successful. The most frequent type of negligence was late diagnosis (34.2 %), followed by inconsistant treatment (27.2 %) a nd insufficient surgical revision (5.3 %). In 33.3 %, combined types o f negligence were found. Most frequently, negligence was suspected aft er infection following hand surgery and internal fixation of long bone s. The highest success rate of claims was seen after puncture of joint s (69.2 %). Insufficient documentation was confirmed in 15.3 %. The ma jority of negligence resulted from diagnostic and therapeutic doubts, which could be avoided, e.g., by a clear definition of infection, cons ultation of a second opinion, a 2nd-look operation, undelayed and radi cal surgical revision, painstaking follow-up and disciplined documenta tion.