title: Professional liability in orthopaedics and traumatology in Italy.
abstract: BACKGROUND
  Interest in medical errors has increased during the last few years owing to the number of medical malpractice claims. Reasons for the increasing number of claims may be related to patients' higher expectations, iatrogenic injury, and the growth of the legal services industry. Claims analysis provides helpful information in specialties in which a higher number of errors occur, highlighting areas where orthopaedic care might be improved.
  
  
  OBJECTIVE
  We determined: (1) the number of claims involving orthopaedics and traumatology in Rome; (2) the risk of litigation in elective and trauma surgery; (3) the most common surgical procedures involved in claims and indemnity payments; (4) the time between the adverse medical event and the judgment date; and (5) issues related to informed consent.
  
  
  METHODS
  We analyzed 1925 malpractice judgments decided in the Civil Court of Rome between 2004 and 2010.
  
  
  RESULTS
  In total, 243 orthopaedics claims were filed, and in 75% of these cases surgeons were found liable; 149 (61%) of these resulted from elective surgery. Surgical teams were sued in 30 claims and found liable in 22. The total indemnity payment ordered was more than €12,350,000 (USD 16,190,000). THA and spinal surgery were the most common surgical procedures involved. Inadequate informed consent was reported in 5.3% of cases.
  
  
  CONCLUSIONS
  Our study shows that careful medical examination, accurate documentation in medical records, and adequate informed consent might reduce the number of claims. We suggest monitoring of court judgments would be useful to develop prevention strategies to reduce claims.
authors.affiliation: Department of Orthopaedics and Traumatology, Policlinico Tor Vergata, University of Rome "Tor Vergata" School of Medicine, Rome, Italy, umberto.tarantino@uniroma2.it.
authors.forename: Umberto
authors.initials: U
authors.lastname: Tarantino
authors.forename: Alessio
authors.initials: A
authors.lastname: Giai Via
authors.forename: Ernesto
authors.initials: E
authors.lastname: Macrì
authors.forename: Alessandro
authors.initials: A
authors.lastname: Eramo
authors.forename: Valeria
authors.initials: V
authors.lastname: Marino
authors.forename: Luigi Tonino
authors.initials: LT
authors.lastname: Marsella
mesh_terms: D035881:Compensation and Redress; D006801:Humans; D007558:Italy; D016365:Liability, Legal / Q000191:economics*; D008318:Malpractice / Q000191:economics* / Q000331:legislation & jurisprudence; D019300:Medical Errors / Q000191:economics / Q000331:legislation & jurisprudence; D019637:Orthopedic Procedures / Q000191:economics / Q000331:legislation & jurisprudence; D009985:Orthopedics / Q000191:economics* / Q000331:legislation & jurisprudence; D014194:Traumatology / Q000191:economics* / Q000331:legislation & jurisprudence