Cranioplasty as neurosurgical procedure with potential risk of legal claims

Siedlecki Zygmunt, Gutkowska Agnieszka, Nowak Karol, Śniegocki Maciej. Cranioplasty as neurosurgical procedure with potential risk of legal claims. Journal of Education, Health and Sport. 2021;11(01):170-176. eISSN 2391-8306. DOI http://dx.doi.org/10.12775/JEHS.2021.11.01.017

https://apcz.umk.pl/czasopisma/index.php/JEHS/article/view/JEHS.2021.11.01.017

https://zenodo.org/record/4485714

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© The Authors 2021;

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Received: 20.01.2021. Revised: 30.01.2021. Accepted: 31.01.2021.

Cranioplasty as neurosurgical procedure with potential risk of legal claims

Zygmunt Siedlecki¹, Agnieszka Gutkowska², Karol Nowak¹, Maciej Śniegocki¹

1 Department of Neurosurgery, Neurotraumatology and Pediatric Neurosurgery, The Ludwik Rydygier Collegium Medicum in Bydgoszcz, The Nicolaus Copernicus University in Toruń

2 Department of Criminology, Faculty of Law and Administration, University of Warsaw

Corresponding address:

Dr. med. Zygmunt Siedlecki Department of Neurosurgery, Neurotraumatology and Pediatric Neurosurgery,

the Ludwik Rydygier Collegium Medicum in Bydgoszcz,

ul. Skłodowskiej-Curie 9

85-094 Bydgoszcz

tel.: + 48 606 302680

e-mail: siedlecki@cm.umk.pl

Abstract

We present the current state of affairs regarding the legal claims of patients after cranioplasty operations who are dissatisfied with the treatment effect and have claims that the perioperative course is unfavorable. In the period of 11 years (2010-2020), 2 legal claims were submitted in our neurosurgical center after cranioplasty. Both are civil claims. One of them about purulent infection of the bone prosthesis was found by the judgment to be unfounded. The second one concerning the alleged general condition deterioration as a consequence of cranioplasty has been declared obsolete. A cranioplasty is a surgical procedure used to correct a defect in a bone of the skull. It is not urgent sugery and is performed in patients who had been previously in serious condition. The same medical staff who previously saved the live of patients by performing brain decompression may be subject of legal claims in the case of cranioplasty. Thus, according to authors, claims of patients regarding the alleged negative effects of cranioplasty is an interesting psychological phenomenon.  Authors epmhasized that cranioplasty should be considered as a procedure of increased risk of potential legal claims for medical staff.

Key words: craioplasty, legal claims, judgment