Malpractice claims in forefoot surgery

Foot and hallux valgus surgery are amongst the most commonly performed surgeries, with a growing number of procedures leading to litigation. The aim of this conference is to provide an update on the causes of malpractice claims and the associated risk factors. What are the causes of litigation? Acute or chronic residual pain, stiffness, metatarsalgia, consolidation delays, secondary displacements, sub-optimal results are the most common causes found in litigious proceedings. What are the risk factors? Surgeon-related and patient-related risk factors exist. Percutaneous surgery or the development of out-patient hospitalization are not specific risk factors. From the point of view of practitioners, the application and traceability of recommendations for antibiotic prophylaxis, for thromboembolic disease, or for the checklist are essential, allowing causes of blame to be easily avoided. Information is fundamental. Since the Law of the 4th of March 2002, the surgeon-patient relationship has changed. Pre-operative information archived in the practitioner's file is essential. This includes written and oral information which is consented to and understood by the patient. Thus, the understanding and compliance with immediate postoperative instructions or adherence to the post-operative program are success factors regarding the surgical outcome. The patient must also be informed and aware of their own individual risk factors (e.g. smoking and immunosuppression, particularly) which require greater caution. What is the best way to reduce the risk of these claims being made? It is about traceability: traceability of clinical examination, procedures, information and exchanges with the patient. It is only under this principle that the surgeon patient relationship can be clearer, respectful and consequently less conducive to litigation. Level of evidence: V; expert opinion. (c) 2021 Published by Elsevier Masson SAS.

Automated summary

Foot and hallux valgus surgery, although common, can lead to litigation. This conference aims to provide updates on malpractice claims and associated risk factors. Common causes of litigation include residual pain, stiffness, and sub-optimal results. Surgeon and patient-related factors contribute to the risk. Ensuring traceability of information can help reduce the likelihood of claims.