Abstract
Objective: Complications related to functional endoscopic sinus surgery are well documented. These complications will, in some instances, lead to claims of medical malpractice. This study seeks to preoperatively identify both patient and procedural characteristics which are more likely to result in adverse events. This may then allow them to develop risk management strategies as they pertain to functional endoscopic sinus surgery.
Method: Case control study of The Doctors Company closed claims involving functional endoscopic sinus surgery between 2005-2009. These were then compared with a control group of 196 survey responses sent by The Doctors Company in 2011 to insured otolaryngologists.
Results: A total of 17 claims were closed from 2005-2009. There was no significant age difference in the claims group and controls. Age greater than 60 inferred a 2.8-fold increase in risk of a closed claim (P = .09). The lack of polyps was associated with an increased risk of a claim (P = .04). All claims involved surgery that included at least an ethmoidectomy. The use of powered instrumentation was not statistically significant. Revision surgery was associated with a 13-fold increase in risk of a claim (P = .05).
Conclusion: The present article illustrates the utility of a case control method to identify scenarios that are more likely to result in malpractice claims. Identification of risk factors preoperatively has the potential to help avoid complications and, thus, lawsuits. This methodology may be useful when examining other surgical procedures as well.
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