Foot and ankle surgery is a rapidly evolving specialty. As the number and complexity of cases increases, the number of complaints, litigation and pay-outs has also risen. We aim to assess any learning points discerned from NHS litigation data to allow us help improve patient care. All claims made to the NHS Litigation Authority between 2007 and 2012 relating to foot and ankle problems were obtained under the Freedom of Information Act. These were reviewed, coded and split into subgroups to allow analysis. There were 232 successful litigation cases between 2007 and 2012. The total amount paid out was almost £18.5 million (range £112 to £1.6 million). A significant number of successful cases were due to patients not having full, informed consent. A large amount of money is spent in the NHS is spent on litigation. The amount of litigation and payout in foot and ankle surgery compares favourably with hip and knee surgery. Lack of informed consent is an easily reversible problem that should be decreasing but is actually on the rise. In our trust, we advocate the use of consent clinics which provide a robust and patient-centred approach to informed consent in foot and ankle surgery

Definitions and perceptions of good and poor outcome vary between patients and surgeons, and perceived inadequate outcome can lead to litigation. We investigated outcomes of litigation claims relating to non-union and deformity following lower limb long bone fractures from 1995 to 2010. The database of all 10456 claims related to Trauma and Orthopaedic Surgery was obtained from the NHS Litigation Authority. Data was searched for “deformity, non-union and mal-union”, excluding spine, arthroplasty, foot and upper limb surgery. The type of complaint, whether defended or not, and costs was analysed. 241 claims met our criteria, 204 of which were closed, and 37 unsettled. Deformity/mal-union constituted 97, and non-union 143. Coronal/sagittal deformity cost £4.2 million, mean £45,487 (60% received compensation). Rotational mal-unions cost £1.6 million, mean £114,263 (87% received compensation). Non-union cost £5.3 million, mean £75,866 (60% received compensation). Mean legal fees for coronal/sagittal deformity was £18,772, rotational deformity £37,384, and non-union £24,680. The total cost of litigation was £12.2 million, with a mean of £59,597 per settled claim. The mean pay-out for all confirmed negligence/liability was £56,046 (£1,300–£500,000, median £21,500) per case. Non-union is an accepted complication following fracture surgery. However, this does not mitigate against non-union being seen as representing a poor standard of care. While it is unclear whether the payouts reflect a defensive culture or were due to avoidable errors, and notwithstanding the limitations of the database, we argue that failure of the index surgery should prompt a referral to a specialist centre. The cosmetic appearances of rotational malalignment results in higher compensation, reinforcing outward perception of outcome as being more important than harmful effects. We also note that the database sometimes contained conflicting and incomplete data, and make a case for standardisation of this component of the outcome process to allow for learning and reflection

Background. In the UK 70,000 knee arthroplasties are performed each year. Although outcomes from knee arthroplasties are usually excellent, they can nevertheless lead to negligence claims. The aim of this study was to establish the incidence, cost and cause of negligence claims arising from knee arthroplasties. Method. All claims made to the NHS Litigation Authority between 2003 and 2008, where the operation was knee arthroplasty, were included in this study. Data obtained from the NHS Litigation Authority were reviewed, coded and analysed. For negligence to have occurred, patients must have suffered harm as a result of substandard care. Hence the cause of negligence claims was analysed in terms of: (1) Substandard care and (2) Harm caused. Results. There were 326 claims over the five-year period, resulting in an incidence of 65 claims per year. Of the 326 claims, 246 have been closed with 80 remaining open. 40% of closed claims resulted in the payment of damages. The total cost of negligence claims over the period was £6.6 million. Substandard care commonly encountered in negligence claims was: surgical quality (56%), post-op care (23%), and infection control (8%). Harms commonly encountered in negligence claims were: additional/unnecessary operation (30%), pain (23%) and amputation (8%). Conclusion. There is a significant litigation burden associated with knee arthroplasties. The unexpected prominence of additional/unnecessary operation, pain and amputation in negligence claims emphasise the need for patients to be warned about these risks

Claims for clinical negligence are increasing annually. Limb reconstructive surgery recognises ‘problems, obstacles, and complications’ as part of the treatment process, but this does not prevent a claim for an alleged poor result or a complication. We analysed claims for clinical negligence in the National Health Service in England and Wales for issues following limb reconstructive surgery. A database of all 10,456 claims related to Trauma and Orthopaedic Surgery from 1995–2010 was obtained from the NHS Litigation Authority. A Search Function for keywords “Ilizarov, limb reconstruction, external fixation, and pin-site” was used for subset analysis. Data was analysed for type of complaint, whether defended or not, and for costs. 52 claims fitted our filters - 48 were closed, and 4 ongoing. The claims included damage to local structures (n=3), missed compartment syndrome (n=2), premature frame removal (n=5), infection (n=13), wrong-site-surgery (n=1), poor outcome (n=16) and technical error (n=10). Seven patients underwent amputation. The total cost of litigation was £4,444,344, with a mean of £90,700 per settled claim. 40% were successfully defended, with defence cost of £15,322. The mean pay-out for confirmed negligence/liability was £90,056 (£1,500-£419,999, median £45,000) per case. We believe this is the first study looking at complications following limb reconstruction from this perspective. Analysis reveals a spectrum of claims for negligence. Perceived technical errors and poor outcome predominate. Whilst the limitations of the database preclude against identification of whether the procedures were carried out in specialist units, claims for technical errors are a cause for concern. These will be discussed in detail. Outcomes following limb reconstruction are difficult to quantify, and the settling of claims for a perceived poor outcome makes the case for pre-operative counselling and the need for robust outcome measures in our specialty

Introduction. While THA is associated with positive results and long-term improvement in patient quality of life, outcomes are nonetheless associated with adverse events and post-procedural deficits related to discrepancies in leg length (LLD), offset and cup placement. Post-THA errors in these parameters are associated with gait alteration, low back pain and patient dissatisfaction. Such discrepancies often necessitate revision and increasingly lead to medical malpractice litigation. Maintaining accuracy in post-surgical leg length, offset and cup placement during THA is difficult and subject to error. The sensitivity of these factors is highlighted in studies that have shown that a change of as little as 5 degrees of flexion or abduction can induce alterations in leg length of up to several millimeters. Similarly, positioning of implants can alter global and femoral offset, affecting abductor strength, range of motion and overall physical function. Compounding the biochemical issues associated with inaccurate leg length are the costs associated with these deficits. Traditional freehand techniques of managing intra-operative parameters rely on surgeon experience and tissue tensioning to manually place components accurately. These methods, however, are only able to assess leg length and are subject to inaccuracies associated with patient movement or orientation changes during surgery. Mechanical methods of minimizing post-surgical discrepancies have been developed, such as outrigger or caliper devices, although these methods also address leg length only and provide poor feedback regarding offset and center of rotation, therefore providing insufficient data to accurately achieve appropriate post-surgical leg length. Computer-assisted navigation methods provide more data regarding leg length, offset and center of rotation, but are limited by their cumbersome nature and the large capital costs associated with the systems. The Intellijoint HIP. ®. surgical smart tool (Intellijoint Surgical, Inc., Waterloo, ON) is an intra-operative guidance tool that provides surgeons with real time data on leg length, offset and center of rotation, thereby allowing for confident selection of the correct implant in order to ensure appropriate post-surgical biomechanics. The early clinical results from an initial cohort of patients indicate that Intellijoint HIP. ®. is safe and effective. No adverse events were reported in the initial cohort, and the smart tool was able to measure surgical parameters to within 1mm when compared to radiographic measurements. With training cases removed, 100% of cases had a post-procedure leg length discrepancy of less than 5mm. This paper describes the indications, procedural technique and early clinical results of the Intellijoint HIP. ®. smart tool, which offers a safe, accurate and easy-to-use option for hip surgeons to manage leg length, offset and cup position intra-operatively

Introduction. Limb length discrepancy after THA can result in medicolegal litigation. It can create discomfort for the patient and potentially cause back pain or affect the longevity of the implant. Some patients tolerate the length inequality better compared to others despite difference in anatomical femoral length after surgery. Methods and materials. We analyzed the 3D EOS images of 75 consecutive patients who underwent primary unilateral THA (27 men, 48 women). We measured the 3D length of the femur and tibia (anatomical length), the 3D global anatomical length (the sum of femur and tibia anatomical lengths), the 3D functional length (center of the femoral head to center of the ankle), femoral neck-shaft angle, hip-knee-ankle angle, knee flexum/recurvatum angle, sacral slopes and pelvic incidence. We correlated these parameters with the patient perception of the leg length. Results. The values for leg length and pelvic parameters are shown in table 1. 37 patients had a perception of the LLD (49.3%). When the global anatomical length was shorter on the operated side, the perception of the discrepancy was observed in 56% of the cases. In case of anatomical length longer on the operated side, the perception of the discrepancy was described by the patients in 46% of the cases. The LLD perception was correlated with difference in functional length (p=0.0001), pelvic obliquity (p=0.003) and sacral slope (p=0.023). The anatomical femoral length was not correlated with the LLD perception (p=0,008). Discussion. The perception of LLD is a multifactorial complication. We found that the anatomical femoral length (that can be directly affected by the position of the stem) is not the only important factor. The functional length of the lower extremity which can also be affected by the knee deformities is better correlated with the LLD. The pelvic obliquity and version also affect the patient perception of the LLD

The undergraduate curricula in the UK have no designated modules on sarcomas. Lumps and bumps are commonly presented to surgeons, hence awareness of sarcoma is important. The aim of this study was to identify the awareness and knowledge of orthopaedic and surgical trainees relating to the presentation, referral and management of sarcomas. Participants were invited to take part and complete an online questionnaire. Sarcoma knowledge was assessed using a variety of questions. Key resources were provided to improve knowledge at the end of the questionnaire. There were 250 respondents, which included medical students (n=49), foundation doctors (n=37), core surgical trainees (n=58), registrars (n=73), post-CCT surgeons (n=9) and academic fellows (n=4). Both UK and international trainees were included. 45% did not recall receiving sarcoma teaching at undergraduate level, with 61% stating they did not have adequate training to identify sarcoma “red flags”. 58% did not have sufficient background knowledge of sarcomas whilst 38% were unable to identify sarcoma red flags. 64% and 25% of trainees had insufficient knowledge of the correct referral process and management for sarcomas respectively. There appears to be a deficiency in training regarding sarcoma identification and management within trainees. “Red flags” for lumps are not widely known who may be asked to review these patients. Many trainees are not aware of the national guidelines for referral and management. The large sample of respondents is likely to be representative of the larger trend and may lead to inappropriate management, poor outcomes and litigation

My involvement in the DEFENSE side of MoM hip litigation has allowed me the luxury of reflection and continued study of the basic and clinical science and voluminous medical and scientific literature concerning this particular wear couple. Much of what I have learned is relevant to other articular couples, and might help you in your next THR. While useful, in vitro laboratory testing cannot wholly replicate or predict in vivo behavior of a particular wear couple. (Mother Nature always has something new to teach us!). Although MoM implants underwent rigorous pre-market testing and evaluation by the industry and appropriate regulatory approval in both the US and EU, the process cannot assure the clinical safety or success of new designs and materials for all implant recipients. Two year results obtained in pre-market (IDE) studies are of insufficient follow-up for accurate evaluation of the short, and certainly medium, or long-term clinical performance of new materials or designs, as demonstrated by the two year data from the Australian Joint Registry. In certain populations, MoM bearings have performed satisfactorily (to date) in individuals for whom traditional bearings were a poor option. Conclusions. Be conservative. Use appropriate clinical judgment and careful informed consent if you recommend new designs or materials to your patient

Introduction. Restoration of anatomy is essential in total hip arthroplasty (THA) to optimize function and stability. Leg-length discrepancy of ≥10mm is poorly tolerated and can be the subject of litigation. We use a multimodal protocol to optimize soft tissue balancing which involves pre- operative templating, leg-length measurement supine and after positioning, use of an intra-operative leg-length and offset measurement device and implants with standard and high-offset options. Methods. Radiological leg-length and femoral offset were measured in a consecutive series of 100 patients who had THA for unilateral arthritis by an independent observer pre- and post-operatively using validated methods and the contra lateral hip as a control. Results. Leg-length was restored to within 5mm of the contra lateral side in 80% of patients (mean 1.5mm (95% CI −5.7 to +8.7)). Offset was restored to within 5mm in 90% of patients (mean 0.6mm (95% CI −5.6 to +6.8)). Conclusion. We have narrowed the range of discrepancy compared to other studies. Intra-operative measurement of offset is difficult unless a specific device is utilized. We have restored the femoral offset accurately within a narrow range of the mean. We recommend a similar protocol to ensure restoration of leg-length and offset and maximize function and patient satisfaction

The current standard of care in the United States for the treatment of an infected arthroplasty, whether it be a TKA, THA or TSA remains two stage revision. We performed a systematic review of the English literature to answer the question of whether one-stage or two-stage revision of infected shoulder arthroplasty was better in terms of re-infection rate, patient satisfaction and patient function. There were no prospective, randomised studies comparing these two approaches. We found 19 studies with a minimum one year follow up which described 99 patients with two-stage revision, 38 with one-stage revision and 36 with spacers. There were no significant differences between the groups for recurrent infection rate or complication rate. The spacer only group had higher satisfaction than the one-stage group, but the satisfaction rate between the one- and two-stage groups was not statistically different. Unfortunately, the numbers in our study were small and based upon level IV evidence. It is interesting that currently the data do not support two-stage over one-stage revision of an infected TSA. So why do we continue to use two-stage revision? I believe it is the fear of litigation to a certain degree but also historical bias toward two-stage revisions. The only time I would do a one-stage revision is if (1) it is a low virulence organism, (2) the prosthesis can be easily removed and (3) the patient was too sick to tolerate multiple operations

Introduction. ‘VTE disease is the new MRSA’, with much attention received in the media and the political world. Following the 2010 NICE guidelines all patients admitted to hospital should have VTE prophylaxis considered and a formal VTE risk assessment done with documentation and review in a 24 hour period. We carried out a completed audit cycle to identify our adherence to these guidelines and introduced a novel method to ensure compliance. Materials/Methods. An audit of 400 patients admitted to the orthopaedic department was carried out with review of case notes. Three key parameters were investigated: Firstly the compliance of carrying out a risk assessment for VTE disease with correct documentation, secondly investigating how many patients got re-assessed in 24 hours and finally if patients received appropriate VTE prophylaxis. The data was re-audited following the introduction of a new drug chart with a box section for VTE risk assessment and prophylaxis on the chart itself. Results. In the first cycle VTE risk assessments were carried out in 2.5% with 0% having a re-assessment in 24 hours and 93.5% of patients having correctly prescribed VTE prophylaxis. Following the new drug charts, the risk assessments were carried out in 79%, re-assessment in 50% and correct prescribed prophylaxis in 99% of the patients. Conclusions. We recommend all hospitals should have a section in the drug chart itself for VTE risk assessment and prophylaxis as this greatly improves compliance to the NICE guidelines. This ensures optimal patient care and protects the trust from litigations

INTRODUCTION. Leg length discrepancy following total hip arthroplasty (THA) can be functionally disabling for affected patients and can lead on to litigation issues. Assessment of limb length discrepancy during THA using traditional methods has been shown to produce inconsistent results. The aim of our study was to compare the accuracy of navigated vs. non navigated techniques in limb length restoration in THA. METHODS. A dataset of 160 consecutive THAs performed by a single surgeon was included. 103 were performed with computer navigation and 57 were non navigated. We calculated limb length discrepancy from pre and post op radiographs. We retrieved the intra-operative computer generated limb length alteration data pertaining to the navigated group. We used independent sample t test and descriptive statistics to analyse the data. RESULTS. The two subgroups were matched for age, diagnosis and preoperative leg length discrepancy. The mean age was 69.12 (37–89, SD-8.3) and the mean BMI was 29 (19–44, SD-5.03). The mean post op limb length discrepancy in the non navigated group was 5 mm (SD-6) as compared to mean of 3.5mm (SD-6.5) for the computer navigated group. This difference was statistically significant (p<0.04). 18% of patients in the non navigated group had a limb length discrepancy of >10 mm as compared to 12% in the navigated group. There was no statistically significant difference between the computer predicted leg length alterations and those measured on radiographs. (p>0.15). DISCUSSION & CONCLUSION. The use of Computer navigation in THA can be useful in reducing errors related to leg length discrepancy. It helps in reducing the rates of unacceptably high discrepancies. In our experience, the results of this technique were predictable and reproducible. We intend to continue using this tool for our total hip arthroplasties

Introduction. Following the publication of our original survey in 2000 (Eur. Sp. J. 11(6):515-8 2002) we have sought to re-evaluate the perceptions and attitudes towards spinal surgery of the current UK orthopaedic Specialist Registrars (SpRs), and to identify factors influencing an interest in spinal surgery. At that time 175 orthopaedic spinal surgeons in the UK needed to increase by 25% to satisfy parity with other European countries. Methods. A postal questionnaire was sent to all 917 SpRs. The questionnaire sought to identify perceptions in spinal surgery, levels of current training and practice, and intentions to pursue a career in spinal surgery. Results. A 61% response rate has confirmed that 74% of trainees intend to avoid spinal surgery (69% in 2000). However 10% are committed to become a Specialist Spinal Surgeon (6.5% in 2000). Their perceptions were wide ranging but most concluded that the intellectual challenge and opportunities for research are widely recognised. However enthusiasm is dampened by poor perceptions of outcomes from surgery, negative somatisation and depression associations, complications and the fear of litigation. In some areas there is inadequate exposure to spinal surgery during the first 4 years of training. Conclusions. Spinal surgery remains a career choice for 10% of surgical trainees (up 3.5% since 2000). With a large SpR expansion (578 to 917 SpRs in the last 5 years) an average of 9 new spinal surgeons annually will be produced over the next six years. This has improved on the figure of 6 per year from 2000. These figures suggest that by 2011 and allowing for retirement, there should be enough spinal surgeons to meet the desired UK/Europe ratio

Background. Leg length discrepancy (LLD) after intramedullary nailing of femoral shaft fractures is a common problem reported in up to 43% of cases. Comminuted fractures with radiographic loss of bony landmarks have an increased possibility of being fixed with unequal leg lengths. Aims. The purpose of this report is to evaluate the efficacy of routinely obtaining a CT scanogram post-operatively on patients of comminuted femoral shaft fractures treated with intramedullary nailing and immediate correction of limb length inequality if indicated. Results. Twenty one patients with comminuted femoral shaft fractures that were treated with intramedullary nailing and underwent a CT scannogram for evaluation of LLD were included in the study. There were 12 patients with Winquist III and 9 with a Winquist IV fracture pattern. Following surgery leg lengths were measured from the CT scanograms using a computerised measuring ruler. The largest leg length discrepancy noted on scannogram was 4 cm. The average limb length discrepancy was 0.67 cm. Eight patients had a discrepancy of 1cm or greater. We also measured the tibial length in all patients and found only 3 patients with exactly equal tibial lengths. A tibial length discrepancy less than 5mm was observed in 11 patients. In 7 patients it was between 5-9mm and in 3 patients it was 10mm or greater. Four patients underwent leg length correction during the same admission. Conclusion. The decision to undertake correction of the LLD is primarily dependant on the degree of discrepancy. The degree of LLD that requires correction remains undefined. In this study LLD of greater than 15mm was considered for equalisation. Immediate equalisation saves cost, morbidity, delayed sequelae and litigation. Tibial length discrepancy may contribute to the total leg length discrepancy and requires consideration. We recommend a post-operative scanogram costing $380 in patients of comminuted femoral shaft fractures treated with intramedullary nailing

Podiatrists have an important role in providing care in a Foot and Ankle clinic. Most Foot and Ankle Surgeons welcome the assistance they can provide – in a supervised role. Most Trusts should have one Foot and Ankle Surgeon but there are a limited number of trained specialists. Some Trusts have been appointing ‘Consultant Podiatric Surgeons’ – perhaps as a way of addressing this shortfall. There are potentially a number of concerns amongst Foot and Ankle Surgeons: the public perception of title ‘consultant’; a Non supervised role; Potential to be used as a more cost effective option. We therefore undertook a Questionnaire assessment of patients attending a Foot and Ankle Clinic. Over a six week period 148 patients attended the specialist clinic. Of those 76% responded. 64% were females. The average age range was 45-64. Most patients assumed the Consultant in charge of their care was a qualified medical practitioner (93%) and regulated by the GMC (92%) and who had completed a recognised higher surgical training scheme (93%). Irrespective of suitable experience 2 out of 3 patients stated they would object if the Consultant in charge of their care did not meet the above criteria. If the patient required surgery 80% stated they would object if the supervising Consultant was not a medically qualified doctor (this was more important in female patients) Interestingly 78% stated they would refuse surgery unless they were under the care of a medically qualified doctor. Very few patients understood the title Consultant Podiatric Surgeon (with those responding assuming they were medical doctors). This potentially has significant implications in those Trusts employing Consultant Podiatric Surgeons as opposed to Foot and Ankle (Orthopaedic) Surgeons. Unless this differential is clearly explained to the patients there is an issue with informed consent and the potential for litigation

Background:. Total hip arthroplasty (THA) has been proven to be successful in achieving adequate pain relief and favorable outcomes in patients suffering from hip osteoarthritis (OA). However, leg length discrepancy (LLD) is still a significant cause of morbidities such as nerve damage, low back pain and abnormal gait. Despite most of the reported values of LLD in the literature being within the acceptable threshold of < 10 mm, some patients still report dissatisfaction, leading to litigation against orthopedic surgeons. However, lower extremity lengthening is sometimes necessary to achieve adequate hip joint stability and prevent dislocations. The purpose of this study was to compare LLD in patients undergoing THA using three different techniques: conventional anterior-approach THA (ATHA), conventional posterior-approach THA (PTHA), and robotic-assisted posterior-approach THA (RTHA) using the MAKO™ robotic hip system. Materials and Methods:. All cases of RTHA, ATHA and PTHA that were performed by the senior surgeon between Sep 2008 and Dec 2012 were reviewed. Patients included in this study had a primary diagnosis of hip osteoarthritis, with available and proper post-operative antero-posterior pelvis radiographs. All radiographs were calibrated and measurements done twice by two blinded observers. Results:. After exclusions, 67 RTHA cases, 29 ATHA cases and 59 PTHA cases were included in this study. There was a strong inter- and intra-observer correlation for all LLD measurements (r > 0.9, p < 0.001 in all). Mean LLD in the RTHA, ATHA and PTHA groups was 2.7 ± 1.8 mm (CI. 95. : 2.3, 3.2), 1.8 ± 1.6 mm (CI. 95. : 1.2, 2.4) and 1.9 ± 1.6 mm (CI. 95. : 1.5, 2.4) respectively (p = 0.01). When LLD > 3 mm was set as an outlier, the percentage of patients in the RTHA, ATHA and PTHA groups was 37.3%, 17.2% and 22% respectively (p value range, 0.06–0.78). When LLD > 5 mm was set as an outlier, the percentage of patients in the RTHA, ATHA and PTHA groups was 10.4%, 6.9% and 8.5% respectively (p value range, 0.72–1.0). None of the patients in all three groups had LLD ≥ 10 mm (Figure 1). Conclusion:. The results of the current study demonstrate the accuracy of the MAKO™ system in obtaining minimal LLD compared to the conventional anterior-approach and conventional posterior-approach THA, with no cases having LLD > 10 mm