[Compensation for psychiatric or psychological expert testimony in relation to institutional ligation following paragraph 42 penal code].
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Postoperative infection in the locomotor system may lead to malpractice suits. The aim of the study was to determine the success rate of these claims and the type of expert-confirmed medical negligence so that strategies for avoiding such negligence can be offered. A total of 261 degrees concerning suspected malpractice after postoperative infection in the locomotor system were retrospectively evaluated. Of these, 43.7% claims were successful. The most frequent type of negligence was late diagnosis (34.2%), followed by inconsistent treatment (27.2%) and insufficient surgical revision (5.3%). In 33.3%, combined types of negligence were found. Most frequently, negligence was suspected after infection following hand surgery and internal fixation of long bones. The highest success rate of claims was seen after puncture of joints (69.2%). Insufficient documentation was confirmed in 15.3%. The majority of negligence resulted from diagnostic and therapeutic doubts, which could be avoided, e.g., by a clear definition of infection, consultation of a second opinion, a 2nd-look operation, undelayed and radical surgical revision, painstaking follow-up and disciplined documentation.
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