A Review of Otolaryngology Malpractice Cases with Associated Court Proceedings from 2010 to 2019

Abstract

Objectives/Hypothesis: To report key characteristics of the landscape of malpractice litigation with associated court proceedings in otolaryngology over the previous decade. Study Design: Retrospective database review. Methods: The LexisNexis database was queried to identify otolaryngology-related malpractices cases that yielded court opinions, jury verdicts, and settlements from federal and state courts across the United States from 2010 to 2019. Cases settled outside of court were not identifiable. Provider subspecialty, procedures, error type, legal allegations, and case outcomes were recorded. Frequency of error type was compared between otolaryngology subspecialties using Fisher exact tests. Results: Ninety-four medical malpractice cases related to otolaryngology with evidence of court proceedings were identified for the period between 2010 and 2019. An otolaryngologist was named as the sole defendant in 39 cases (41%). Rhinology was the most frequently implicated subspecialty (28% of all cases), followed by head and neck surgery (17%) and facial plastics (7%). Improper surgical performance was cited in nearly half of the identified cases (49%), followed by failure to diagnose/refer/treat (32%). Outcome and liability data were available for 56 cases (60%). Of these 56 cases, 50 (89%) were ruled in favor of the defendant otolaryngologist. Of the cases ruled in favor of the plaintiff, the average indemnity was $4.24 M (range, $150,000 M-$10.25 M). Fisher exact tests demonstrated statistically significant differences in consent issues (P = .040), failure to diagnose/refer/treat (P = .024), and improper surgical performance (P = .026) between subspecialties. Conclusions: In a limited, database-derived sample of medical malpractice cases involving otolaryngologists, trends in error type by subspecialty may warrant further investigation to identify specialty-wide and subspecialty-specific areas of practice improvement and education.

Cross-sectional observational analysis of the genetic referral practices across pediatric ophthalmology outpatient departments in an urban setting

“…Not surprisingly, in a recent publication analyzing the medical malpractice cases against otorhinolaryngologists between 2010 and 2019, failure to diagnose, treat, or refer to another appropriate expert was collectively the second most common complaint (32% of 94 cases) raised by the plaintiff. [ 5 ] By extrapolating these results to ophthalmic practice, the magnitude of patient damages due to delayed diagnosis is not difficult to gauge. For example, inborn errors of metabolism (IEM), many of which can be potentially treatable if diagnosed in time, can often present to the ophthalmologist as premature or congenital cataract, optic atrophy, or retinal changes.…”

Medical malpractice allegations related otolaryngologists

“…In a study of 6383 malpractice cases closed with indemnity payments, physicians most frequently had to pay indemnity for problems related to surgery (62%), diagnosis failure (17%), and issues with treatment (13%) [25]. The most common cause of claims in a tenyear malpractice study was incorrect surgical procedure (49%) and failure in diagnosis, referral, and treatment (32%) [26]. The vast majority of malpractice claims associated with laryngeal and oral cancers resulted from problems related to the diagnosis [12,14].…”

Medical Malpractice Allegations in Nasal Turbinate Surgery

“…A recent study examined 94 litigations between 2010 and 2019 naming otolaryngologists as defendants. 13 Rhinology was the most implicated subspecialty at 28% of all cases. Endoscopic sinus surgery was the most prevalent procedure with a complication leading to litigation related to orbit or intracranial penetration.…”