Medical Malpractice and Facial Nerve Paralysis

Lydiatt, Daniel D.

doi:10.1001/archotol.129.1.50

Cited by 100 publications

(102 citation statements)

References 18 publications

(25 reference statements)

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“…Nonetheless, this database has still been proven of value in analyses characterizing the medicolegal aspects of a wide variety of topics. 9,18,31,34,39,45,51,[54][55][56][60][61][62] …”

Section: Discussionmentioning

confidence: 99%

“…This database has been proven to be of value in a previous analysis of otolaryngologist expert witnesses, 18 as well as a variety of other topics of interest to both neurological surgeons and otolaryngologists. 28,31,34,45,[54][55][56]60,62 WestlawNext is composed of publicly available court records that are collected by commercial vendors, who vary by jurisdiction. Some jurisdictions may include only cases submitted voluntarily by legal counsel.…”

Section: Methodsmentioning

confidence: 99%

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Comparison of plaintiff and defendant expert witness qualification in malpractice litigation in neurological surgery

Eloy¹,

Svider

Folbe

et al. 2014

JNS

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Object. Expert witnesses provide a valuable societal service, interpreting complex pieces of evidence that may be misunderstood by nonmedical laypersons. The role of medical expert witness testimony and the potential professional repercussions, however, have been controversial in the medical community. The objective of the present analysis was to characterize the expertise of neurological surgeons testifying as expert witnesses in malpractice litigation.Methods. Malpractice litigation involving expert testimony from neurological surgeons was obtained using the WestlawNext legal database. Data pertaining to duration of a surgeon's practice, scholarly impact (as measured by the h index), practice setting, and the frequency with which a surgeon testifies were obtained for these expert witnesses from various online resources including the Scopus database, online medical facility and practice sites, and state medical licensing boards.Results. Neurological surgeons testifying in 326 cases since 2008 averaged over 30 years of experience per person (34.5 years for plaintiff witnesses vs 33.2 for defense witnesses, p = 0.35). Defense witnesses had statistically higher scholarly impact than plaintiff witnesses (h index = 8.76 vs 5.46, p < 0.001). A greater proportion of defense witnesses were involved in academic practice (46.1% vs 24.4%, p < 0.001). Those testifying on behalf of plaintiffs were more likely to testify multiple times than those testifying on behalf of defendants (20.4% vs 12.6%).Conclusions. Practitioners testifying for either side tend to be very experienced, while those testifying on behalf of defendants have significantly higher scholarly impact and are more likely to practice in an academic setting, potentially indicating a greater level of expertise. Experts for plaintiffs were more likely to testify multiple times. Surgical societies may need to clarify the necessary qualifications and ethical responsibilities of those who choose to testify.

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“…Nonetheless, this database has still been proven of value in analyses characterizing the medicolegal aspects of a wide variety of topics. 9,18,31,34,39,45,51,[54][55][56][60][61][62] …”

Section: Discussionmentioning

confidence: 99%

Section: Methodsmentioning

confidence: 99%

Comparison of plaintiff and defendant expert witness qualification in malpractice litigation in neurological surgery

Eloy¹,

Svider

Folbe

et al. 2014

JNS

View full text Add to dashboard Cite

show abstract

“…[3], [4], [5], [61 Frequently, the patients did not know their operating physicians. They often confuse and think that the doctor taking the consent will operate [6] Despite clear guidelines from the various statutory bodies, the responsibility for obtaining written consent from preoperative patients still rests with the most junior medical staff of the ENT departments.…”

Section: Statisticsmentioning

confidence: 99%

“…41, [5] Surgical misadventure was also cited in these suits. Failure to diagnose early was frequently cited in the cancer related diseases.…”

Section: [S]mentioning

confidence: 99%

“…Its high recurrence rate, association with Nevoid Basal Cell Carcinoma Syndrome, typical histological features and aggressive biologic behavior ['], [2], [3], [4], [5], [6], [7], [8] places Odontogenic Keratocyst in a unique position within the spectrum of odontogenic lesions. [2] Odontogenic Keratocyst may be found in patients who range in age from infancy to old age, nevertheless most of the cases (60%) with peak incidence between the second and fourth decades of life.…”

Section: Introductionmentioning

confidence: 99%

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