Abstract
Objectives:
Many medications used today continue to have the potential for ototoxicity. To potentiate management of this risk, this study examines malpractice litigation trends of lawsuits involving hearing loss associated with medication use.
Methods:
Court records of legal trials from 1987 to 2012 were obtained from two major computerized databases: WESTLAW and LexisNexis. Data were compiled on the demographics of the defendant and plaintiff, use of otolaryngologists as expert witnesses, medication used, legal allegations, verdicts, and judgments.
Results:
Forty-six unique cases met inclusion criteria and were selected for review. Antibiotics (72%), specifically aminoglycosides (47%), were the most common medications cited as causing hearing loss. Eleven (22%) cases were resolved through a settlement before a verdict was reached. Verdicts in favor of the plaintiffs (37%) were awarded an average of $1,134,242. Pediatric patients were more likely to win their lawsuits (P = 0.03) compared to adults. However, no statistical difference existed between average awards. Of the cases found in favor of the plaintiff, the most common reasons cited were inappropriate medication, dose or duration (39%), failure to properly monitor (36%), failure to choose a less toxic medication (18%), and an error in diagnosis or failure to diagnose or treat (18% each).
Conclusions:
Physicians must be aware of the potential effects of the medications they prescribe. An understanding of potential drug interactions, proper monitoring, and appropriate use of less toxic medications is important to improve patient care. Analyzing litigation trends may be used to prevent future lawsuits and improve physician awareness.
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