Otolaryngology and medical malpractice: A review of the past decade, 2001–2011

Abstract

Our study reveals that in the past decade, in significant malpractice litigations, overall outcomes favored otolaryngologists. The average awards was significantly higher when cases involved malignancy. Our analysis reveals the importance of meticulous surgical techniques and thorough preoperative evaluations. Last, when otolaryngologists are defendants in litigation, our review reiterates the value of the otolaryngologist as the defense's expert witnesses.

Determination of legal responsibility in shared airway management between anesthesiology and otolaryngology

“…Furthermore, tonsillectomy/adenoidectomy was the most common procedure involved in this report, a surgery performed primarily on children. It has been found to be one of the most commonly litigated surgeries as over 700 000 are performed every year, and it involves inherent complications that, although rare, can result in devastating morbidity and mortality . Indeed, 1 study illustrated anoxic events to be the second most common complication behind postoperative bleeding, resulting in significantly higher payments to the plaintiff .…”

Multimedia in the informed consent process for endoscopic sinus surgery: A randomized control trial

“…Supplementation of the informed consent process with paper handouts has been implemented with varying degrees of success to address this concern; however, their use is limited . Multimedia education offers several advantages over these traditional approaches.…”

Patient injuries in operative rhinology during a ten‐year period: Review of national patient insurance charts

“…Rhinology accounts for about half of the cases and for about 70% of the indemnities paid on the entire ORL specialty by the malpractice insurers in the US . Moreover, 35 cases (17.6% of ORL) of US malpractice lawsuits from the years 2001 to 2011 involved allegations of injury secondary to ESS . These included errors in surgical technique, such as lesions of the orbit, skull base and adjacent nerves, in addition to problems with removable packing left in situ …”

“…2 Moreover, 35 cases (17.6% of ORL) of US malpractice lawsuits from the years 2001 to 2011 involved allegations of injury secondary to ESS. 3 These included errors in surgical technique, such as lesions of the orbit, skull base and adjacent nerves, in addition to problems with removable packing left in situ. 3 The majority of patient injuries in rhinology are related to operative care.…”

“…3 These included errors in surgical technique, such as lesions of the orbit, skull base and adjacent nerves, in addition to problems with removable packing left in situ. 3 The majority of patient injuries in rhinology are related to operative care. Critical anatomical structures adjacent to the nose and paranasal sinuses are close and vulnerable, which sets high demands for surgical technique.…”