Medicolegal evaluation of files containing claims of 'Medical practice errors' applied to Balikesir chamber of medicine between 1991-2022

Introduction and Objectives: Medical malpractice is a multidimensional issue that occurs when healthcare professionals have a fault in medical practice and is generally shaped around the physician and patient subjects. They have gained increasing attention and discussion worldwide and in our country due to various reasons. Factors such as technological advancements, accumulation of knowledge, evolving communication technologies, and faster cultural integration among different societies can be cited as reasons for this phenomenon. Considering this perspective, the increasing frequency of medical practice errors, the diverse social implications within the changing and evolving global order, and the absence of a specific law or regulation on the subject in our country make it more meaningful to assess and examine new and different approaches, considering the various dimensions of medico-legal aspects. In this study, it was aimed to examine medical malpractice as a medicolegal by scanning a 30-year archive from past to present. Materials and Methods: In our study, files that were subjected to medico-legal evaluation by the Balıkesir Medical Chamber based on allegations of medical practice errors between 1991 and 2022 were retrospectively examined. Demographic data, along with the healthcare institution related to the allegation, clinical department, subjects of the alleged medical practice error, stage of the medical practice error, whether it was a medical practice error or not, the method of application to the medical chamber, the opinion of the appointed expert by the medical chamber, the opinion of the disciplinary board, the opinion of the Turkish Medical Association High Disciplinary Board, and information regarding the concordance between opinions were obtained. The relationship between the data was analyzed using IBM SPSS V23 software. Results: A total of 116 cases were evaluated. It was observed that 51.7% (60) of the cases were female, with a mean age of 35.45 (±25). The majority of cases (64.7%) sought assistance from private healthcare institutions, and applications to surgical branches (57.8%) were more common. Regarding the departments subject to allegations, the most frequent application was made to the department of gynecology and obstetrics (19%), and regarding the treatment methods applied in the clinic under question, medication therapy (35.3%) was the most commonly preferred method, followed by surgical operations (19.8%). Analysis of the subjects of the alleged medical practice error revealed that diagnostic and treatment errors (19.8%) were reported most frequently, followed by an equal frequency of diagnostic errors (19%) and treatment and monitoring errors (19%). Regarding the stage of the medical practice error, it was predominantly reported that there was no medical practice error (84.5%), and negligence and lack of attention (4.3%) and diagnostic errors (2.6%) were also reported. When the results examined by three different boards were evaluated, no statistical difference was found between the boards. Discussion and Conclusion: In our study, it was found that surgical branches were more commonly associated with allegations of medical practice errors, in parallel with international and national literature, and the most commonly involved branch was the department of gynecology and obstetrics. Cases where lawsuits are filed regarding medical practice errors can have serious consequences for accused physicians. International research indicates that medical errors can lead to defensive medical behaviors, creating a paradoxical situation in terms of medical practice errors. Therefore, it is important to thoroughly examine and evaluate medical practice errors by experts and approach them in a multidisciplinary manner. Consequently, it is necessary to clarify the legal framework regarding allegations of medical practice errors in our country. Furthermore, we believe that medical practice errors evaluated by boards consisting of experienced physicians can serve as a guarantee for both physicians and patients. Keywords: Medical practice error, medical chamber, forensic medicine, defensive medicine