An Analysis of Malpractice Litigation and Expert Witnesses in Plastic Surgery

• Published in: Eplasty Vol. 17; p. e30
• Main Authors: Therattil, Paul J, Chung, Stella, Sood, Aditya, Granick, Mark S, Lee, Edward S
• Format: Journal Article
• Language: English
• Published: United States Open Science Company, LLC 2017
• Subjects: expert witness; academic productivity; plastic surgery; malpractice litigation; medical malpractice
• ISSN: 1937-5719; 1937-5719

Expert witness testimony is crucial for juror decision making. The goals of this study were to examine the trends in malpractice litigation in plastic surgery and to examine the characteristics of expert witnesses in litigation. The Westlaw legal database was queried for jury verdict and settlement reports related to plastic surgery cases from 2009 to 2015. Cases were examined for expert witness testimony, procedure performed, alleged injury, cause of action, verdict, and indemnity payments. Ninety-three relevant cases were examined. Mean plaintiff award was $1,036,469, whereas mean settlement was $633,960. The most commonly litigated procedures involved breast surgery (34.4%), liposuction (18.3%), and body contouring (14.0%). Cases involving body contouring (risk ratio [RR] = 1.48; 95% CI, 1.04-2.10) were more likely to result in favor of the defendant, whereas cases involving breast surgery (RR = 0.27; 95% CI, 0.13-0.57) were more likely to result in favor of the plaintiff ( < .05). Cases in which there was claimed pain (RR = 1.22; 95% CI, 1.01-1.48) or emotional distress (RR = 1.38; 95% CI, 1.11-1.70) were more likely to result in favor of the plaintiff ( < .05). The party of a lawsuit was more likely to win the case if its expert witness was a plastic surgeon ( < .05). Plastic surgery litigation tends to favor defendants. Most litigation involves breast surgery, liposuction, and body contouring. The type of procedure and alleged claim affect case success. Parties with a plastic surgeon as an expert witness tend to be more successful in litigation.