Evaluation of malpractice litigation in thyroid disease in the National Health Service

ABSTRACT

Objectives: Thyroid disease is managed by primary and a range of secondary care specialties. Interventions for common thyroid conditions are effective, but delays in diagnosis, ineffective or inappropriate treatment may affect outcomes and be subject to litigation. This study aimed to analyze trends in thyroid malpractice litigation in the UK over a 14-year period.

Methods: This retrospective cohort study analyzed negligence claims recorded by the NHS Litigation Authority from 2002 to 2016. Data on incident details, outcomes, time to settlement, costs, and specialties involved were collected and analyzed.

Results: Out of 189 cases reviewed, an outcome was decided in 134 cases; of which, 67.9% were successful for the claimant, resulting in compensation being paid. The most common reasons for successful claims were treatment complications (47 cases) and delay or failure of diagnosis (22 cases). Nerve and/or vocal cord damage and hypoparathyroidism were cited in 12 and 3 cases, respectively. Common specialties involved in successful claims were general surgery, ENT and endocrinology. The median (range) costs paid for compensation were £50,701.35 (£189.00 to £4.5 million). The median (interquartile range) time from incident to settlement was 1254 (992–1756) days. The number of claims (overall and successful) has reduced over the 14-year period, but there has been no change in the total cost per successful claim from 2002 to 2014 (p = 0.151).

Conclusion: This overview demonstrates common causes and identifies trends in thyroid malpractice litigation in the UK, highlighting the significant costs incurred. The outcomes of the study will provide a basis to enable clinicians to avoid potential pitfalls and formulate guidelines to minimize risk.

KEYWORDS:

• NHS
• malpractice
• negligence
• thyroid
• hypoparathyroidism
• recurrent laryngeal nerve

Geolocation information

This study was conducted in Sheffield.

Data availability statement

Research data reviewed within the study is property of the NHS Resolution (https://resolution.nhs.uk/) and is confidential due to its sensitive nature and therefore would not be shared.

Declaration of interest

The authors report no conflicts of interest.

Peer reviewers on this manuscript have no relevant financial or other relationships to disclose.

Ethics approval

This study was registered as an observational research study with the Trust R&D.

Additional information

Funding

This work did not require funding.