Affiliation:
1. Florida State University College of Medicine
2. Harvard Law School
3. Children's Hospital of Philadelphia
Abstract
Abstract
Background
Pediatric trainees, like other medical professionals, can be held accountable for their actions and may be included in malpractice lawsuits. By understanding the factors that contribute to these cases, it may be possible to identify opportunities for intervention and prevention. The aim of this study was to investigate the sources of malpractice cases involving pediatric trainees in order to inform the development of strategies to protect against such incidents.
Methods
LexisNexis, an online public legal research database containing records from the United States, was retrospectively reviewed for malpractice cases involving pediatric interns, residents, or fellows from January 1, 2000 to December 31, 2021. Cases were included if malpractice occurred following delivery of a newborn through the care of young adults up to age 21.
Results
A total of 56 cases were included consisting of 10 pediatric interns, 43 second or third-year residents, and 11 pediatric fellows as defendants. Seventeen cases (30.4%) led to patient mortality. Incorrect diagnosis or treatment was claimed in 45 cases (80.4%), delay in evaluation in 24 (42.9%), failure to supervise trainee in 22 (39.3%), trainee inexperience in 21 (37.5%), procedural error in 21 (37.5%), lack of informed consent of resident being involved in 2 (3.6%), prolonged operative time in 1 (1.8%), and lack of informed consent of procedure/complications in 1 (1.8%).
Conclusions
Malpractice cases involving pediatric trainees highlight the importance of adequate supervision by attending physicians. These concerns are not exclusive to interns and residents and necessitate action by all members of the healthcare team. Given the interplay of supervision and diagnostic accuracy, trainee education and faculty development should emphasize malpractice education and strategies to mitigate lawsuits to both improve patient outcomes and reduce likelihood of future malpractice claims.
Publisher
Research Square Platform LLC