Our Summary

This study looked at lawsuits related to elbow surgery in the United States from 2000 to 2023. It found that the most common reasons for these legal cases were surgeries involving the ulnar nerve (a nerve that runs near the ulna bone in the forearm) and surgeries to fix fractures near the elbow. Most of these lawsuits claimed that the surgery caused nerve damage or permanent disability.

The study also found that nerve damage and loss of function were the most common symptoms cited in these lawsuits, while post-surgery stiffness was the least common. The region with the most lawsuits was the Pacific region, while the East South Central, Mountain, and New England regions had the fewest.

In most of these cases (59%), the surgeon being sued won the case. However, when the surgeon did have to pay, the average amount was $245,590 if they settled out of court, and $523,334 if the case went to trial.

The researchers suggest that giving patients a thorough explanation of what to expect before and after surgery could help reduce the risk of lawsuits. They also noted that there were no significant differences in the amount of money paid in settlements or verdict losses across different regions.

FAQs

  1. What were the most common reasons for lawsuits related to elbow surgery in the United States from 2000 to 2023?
  2. What were the most common symptoms cited in these lawsuits and which region had the most lawsuits?
  3. What was the average amount paid if the surgeon settled out of court or if the case went to trial?

Doctor’s Tip

One helpful tip a doctor might tell a patient about elbow surgery is to carefully follow post-operative instructions, including attending physical therapy sessions and doing recommended exercises to regain strength and range of motion. It is also important to communicate any unusual symptoms or concerns to your healthcare provider immediately to prevent potential complications. Additionally, taking steps to protect the elbow from further injury or strain during the recovery process can help ensure a successful outcome.

Suitable For

Patients who are typically recommended elbow surgery include those suffering from conditions such as:

  1. Ulnar nerve entrapment or compression (such as cubital tunnel syndrome)
  2. Fractures near the elbow joint
  3. Tennis elbow or golfer’s elbow (tendinitis)
  4. Elbow dislocation
  5. Arthritis affecting the elbow joint
  6. Elbow instability or ligament injuries
  7. Elbow bursitis

It is important for patients to discuss their symptoms and treatment options with their healthcare provider to determine if elbow surgery is the best course of action for their specific condition.

Timeline

Before elbow surgery, a patient typically experiences pain and limited range of motion in the affected elbow. They may undergo imaging tests such as X-rays or MRI scans to determine the extent of the injury. The patient will also meet with their surgeon to discuss the procedure, risks, and expected outcomes.

After elbow surgery, the patient will undergo a period of recovery and rehabilitation. This may include physical therapy to regain strength and range of motion in the elbow. The patient may also need to wear a splint or brace for support. It can take several weeks to months for the patient to fully recover and return to normal activities.

Overall, the timeline for a patient before and after elbow surgery involves pre-operative consultations, the surgical procedure itself, post-operative recovery, and rehabilitation. It is important for patients to follow their healthcare provider’s instructions closely to ensure a successful outcome.

What to Ask Your Doctor

Some questions a patient should ask their doctor about elbow surgery include:

  1. What is the specific reason for recommending elbow surgery in my case?
  2. What are the potential risks and complications associated with this surgery?
  3. How long is the recovery period expected to be, and what can I do to maximize my recovery?
  4. Will I need physical therapy after the surgery, and if so, for how long?
  5. What are the expected outcomes of the surgery in terms of pain relief and function?
  6. Are there any alternative treatments or procedures that could be considered instead of surgery?
  7. How many times have you performed this type of surgery, and what is your success rate?
  8. What type of anesthesia will be used during the surgery?
  9. How long will the surgery take, and will I need to stay in the hospital overnight?
  10. What can I do to minimize the risk of complications during and after the surgery?

Reference

Authors: Brito E, Sherman N, Mahoney AP. Journal: J Shoulder Elbow Surg. 2024 Aug;33(8):1672-1678. doi: 10.1016/j.jse.2024.03.012. Epub 2024 Apr 15. PMID: 38631456