Abstract
Objective: To analyze malpractice litigation trends and to better understand the causes and outcomes of suits involving salivary gland surgeries to prevent future litigation and improve physician education.
Method: Jury verdict reviews from January 1987 to March 2011 were obtained from a computerized legal database, WESTLAW. Data were compiled on the demographics of the defendant and plaintiff, medical specialty of the defendant, use of otolaryngologists as expert witnesses, nature of injury, legal allegations, verdicts, and judgments.
Results: Twenty-six cases met inclusion criteria and were selected for review. Specialties that were listed as defendants were otolaryngologists (66%), general surgeons (25%), and oral surgeons (13%). Verdicts for the plaintiffs predominated (54%) and the average sum of plaintiff’s monetary award was $978,466. Sixteen cases (62%) directly involved initial pathology or surgical complication of parotid gland etiology. Six cases (23%) involved injury to the lingual nerve. Five cases (19%) involved complications following surgical intervention for sialolithiasis or sialadenitis. Two of the more common complaints were failure to adequately diagnose and treat (31%) and lack of informed consent (15%).
Conclusion: In salivary gland surgeries, risk management goals should include a thorough preoperative assessment of salivary gland masses with appropriate and adequate radiologic and pathologic studies. Additionally, thorough and detailed written informed consent with discussion of alternative treatment options and surgical plans may assist in mitigating risk for potential lawsuits.
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