ArticleAnnals of surgical treatment and research2018
Analysis of lawsuit cases in the Department of Surgery in Korea.
Article in Annals of surgical treatment and research, 2018. The graph could read no effect estimate from its abstract, so it casts no vote on the map. Cited by 9 papers, 2 of them syntheses that pooled it.
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Who cites it
9 citing papers in PubMed, 2 syntheses or guidelines pooled it.
- Litigation meets evidence: a novel approach to understanding preventable complications in breast reconstruction.BMC surgery · 2025Pooled it
- The Medicolegal Challenges of Facial Plastic Surgery: A Systematic Review.Aesthetic surgery journal · 2025Pooled it
- Impact of Residents' Mass Resignation in Cardiovascular Surgery: A System Sustainability Perspective.Interdisciplinary cardiovascular and thoracic surgery · 2026Article
- The Intra-Hospital Medical Dispute Burden and Capacities: A Nationwide Survey in Taiwan.Healthcare (Basel, Switzerland) · 2023Article
- Analysis of the characteristics and risk factors affecting the judgment results of medical damage liability disputes in 3172 second-instance and retrial cases in China.Human resources for health · 2023Review
- Article
- Is it Beneficial to Utilize an Articulating Instrument in Single-Port Laparoscopic Gastrectomy?Journal of gastric cancer · 2021Article
- Medicolegal implications from litigations involving necrotizing fasciitis.Annals of surgical treatment and research · 2020Article
- Trends in medical disputes involving anesthesia during July 2009-June 2018: an analysis of the Korean Society of Anesthesiologists database.Korean journal of anesthesiology · 2019Article
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Authors and funding
7 authors.
Funding
No grant is acknowledged in the PubMed record.
Abstract
purposeThe aim of this study is to prepare medical staff in order to prevent medical malpractice litigation through analysis of litigation cases related to the department of surgery in Korea.
methodsA total of 94 litigation cases related to the department of surgery, where a certain amount of payment was ordered to the defendant between 2005 through 2010, were analyzed. We examined time of occurrence, amount claimed and awarded in damages, plaintiff claims, and court opinion.
resultsAn average of 3.2 years was spent from the date of the incident occurring to the end of the litigation procedures. The average amount awarded in judgments for damages was 59,708,983 ± 67,307,264 (range, 1,700,000-365,201,482) Korean won. Cases were found involving the following opinion of the court: violation of duty of care (49 cases), violation of informed consent (7 cases), violation of duty of care and informed consent (5 cases), and settlement, reconciliation, and others (32 cases). By analyzing defendants' negligence in court opinions, diagnosis (30.8%) was the most common, followed by post-operation management (27.7%).
conclusionPhysicians have to conduct treatment and surgery based on exact diagnosis and be careful to observe patients' conditions and symptoms after surgery. It is essential to identify the current status and characteristics of medical litigation for reducing further litigation and improving patient safety. In order to create a safe medical environment, national efforts should be made not only by individuals but also at the national level.
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