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Neurosurgery and litigation: An observational study of liability for damages in public neurosurgical practice in Spain

Abstract: Background and objective:Neurosurgery has been internationally considered a?high risk?specialtyfor lawsuits. The aim of this observational study was to analyse the characteristics of medical liabilityjudgements in Spain for damages caused by the practice of neurosurgery in Spanish public healthcare.Materials and methods:Cross-sectional observational study analysing the rulings handed down inthe contentious-administrative jurisdiction by the High Courts of Justice in the period 2008?2020, inthe specialty of neurosurgery. The variables were administrative, clinical, judicial, and compensatory.Results:A total of 1015 rullings were analysed, of which 38 (3.74%) were related toneurosurgery. A total of 51.85% of the judgements were dismissed at first instance and 88.88%at second instance. The most frequent reason in the judgements upholding the compensationrequested by the patients was lack of information: 8 (53.33%). The most frequently claimeddamage was sequelae: 31 (81.57%). The medical activity most related to the claims was spinalsurgery: 23 (60.52%). The median award was 40 000 euros, with a range of 5000?78 285 euros.Conclusions:In the Spanish public health system, the specialty of neurosurgery is not among themost demanded. Most of the rullings (60%) reject the compensation requested and, therefore,are favourable to the health services. In the case of an upheld decision, lack of information is themost frequent reason for breach of the lex artis. These data contribute to improving theknowledge of professionals in the medical-legal aspects of healthcare and invite the formulationof further studies contrasting the Spanish data with those of other countries

 Autoría: Hernández-Herrero M., Cayón de las Cuevas J.,

 Fuente: Spanish Journal of Legal Medicine, 2023, 49(3), 101-106

 Editorial: Elsevier España

 Año de publicación: 2023

 Nº de páginas: 6

 Tipo de publicación: Artículo de Revista

 DOI: 10.1016/j.reml.2022.12.001

 ISSN: 2445-4249,2173-917X,0377-4732

 Url de la publicación: https://www.elsevier.es/en-revista-spanish-journal-legal-medicine-446-pdf-S2445424923000249

Autoría

MONICA HERNANDEZ HERRERO