[Evaluation of medical malpractice in emergency and elective general surgery cases resulting in death].
BACKGROUND
General surgery is one of the branches in which the distinction between complication and malpractice is difficult to distinguish. In this study, presentation of the main forensic medical parameters considered for the evaluation of medical malpractice in cases of general surgery deaths in which medical malpractice has been alleged and discussing related concepts through the literature are aimed.


METHODS
Allegations of medical malpractice against general surgery physicians sent to the First Forensic Expertise Board of the Council of Forensic Medicine between January 1, 2012 and December 31, 2013 for which the relation of casuality between medical malpractice and death had been determined were retrospectively evaluated.


RESULTS
Medical malpractice was ruled in 21.9% (n=23) of 105 cases. The most common primary disease diagnoses were trauma-injury (n=32, 30.5%), cholecystitis (n=25, 23.8%) and appendicitis (n=8, 7.6%). When treatment types were compared according to malpractice decision, rate of malpractice in medicine-only treatment was found to be significantly higher compared to surgery + medical treatment (p=0.003, p<0.01). No statistically significant difference was found regarding the rate of malpractice between cases of emergency and elective surgery (p>0.05). When incidence of medical malpractice was compared between cases with clinical diagnosis and diagnosis determined by autopsy, a statistically significant difference was found (p=0.031, p<0.05). Malpractice was ruled at a significantly lower rate in cases in which diagnosis was confirmed with autopsy (p=0.028, p<0.05).


CONCLUSIONS
It can be concluded that physicians are as successful in emergency conditions as in elective conditions and correct administration of medical treatment is of vital importance. Moreover, the Council of Forensic Medicine considers the clinical follow-up data as well as the autopsy data in medical malpractice evaluation.
The Ministry of Justice Council of Forensic Medicine, İstanbul; Department of Forensic Medicine, Akdeniz University Faculty of Medicine, Antalya-Turkey.
İbrahim
İ
Üzün
Muş Branch Office, The Ministry of Justice Council of Forensic Medicine, Muş-Turkey. erdincoz.md@gmail.com.
Erdinç
E
Özdemir
Department of Forensic Medicine, Bezmialem Vakıf University Faculty of Medicine, İstanbul-Turkey.
İpek
İ
Esen Melez
The Ministry of Justice Council of Forensic Medicine, İstanbul-Turkey.
Deniz Oğuzhan
DO
Melez
Department of General Surgery, Bezmialem Vakıf University Faculty of Medicine, İstanbul-Turkey.
Adem
A
Akçakaya
D000328:Adult; D000368:Aged; D000369:Aged, 80 and over; D001344:Autopsy; D017558:Elective Surgical Procedures / Q000401:mortality* / Q000706:statistics & numerical data; D004636:Emergency Service, Hospital / Q000706:statistics & numerical data*; D005260:Female; D005554:Forensic Medicine; D006801:Humans; D008297:Male; D008318:Malpractice / Q000706:statistics & numerical data*; D008875:Middle Aged; D012189:Retrospective Studies; D014421:Turkey