Litigation Following Total Hip Arthroplasty

Abstract

Background: Total hip arthroplasty (THA) is commonly performed procedure internationally, and patientsmay expect an excellent prognosis. Risks associated with the procedure may lead to patient dissatisfactionand litigation. International data suggests orthopaedic surgery is particularly prone to high litigation rates,third to only obstetrics and general surgery in this regard. In Australia, there is currently no body whichaccurately collates litigation data following surgery.Methods: We performed a systematic search of several Australian legal databases to find cases of litigationfollowing THA, and supplemented this with data provided by the Health Care Complaints Commission,National Joint Replacement Registry and medical indemnity insurers. We also performed a review of thecurrent literature in the field.Conclusions: 11 cases were found and analysed. 28% of cases were successfully litigated. Approximately1/3 of litigation was for leg length discrepancy. Other causes for litigation included infection, nerve injuryand dislocation. Remuneration following successful litigation varied between $25, 000 and $265, 000,corrected for inflation. The Australian data is in keeping with that of similar studies from USA and UK. Thedissemination and accessibility of this data is important for surgeons in improving the informed consentprocess for their patients.