Sleep Surgery and Medical Malpractice

Abstract

Objectives:

Describe and analyze the causes and outcomes of lawsuits pertaining to sleep surgery in order to mitigate future litigation and improve physician education.

Methods:

The LexisNexis MEGA Jury Verdicts and Settlements database was reviewed for all lawsuits including settlements and trial verdicts related to sleep surgery. Data including type of surgery performed, plaintiff allegation, nature of injury, outcomes, and indemnities were collected and analyzed.

Results:

Fifty-one cases met inclusion criteria. Of these, 30 were decided by a jury, 9 were settled out of court, and 10 were resolved by other means. Overall, 57% of known outcomes favored the defendant. The most common surgery performed was tonsillectomy (57%) followed by uvulopalatopharyngoplasty (45%), adenoidectomy (31%), and septoplasty (31%). No difference was found between outcomes when comparing the most common injuries cited, including wrongful death (p = 0.572), airway compromise (p = 0.376), and drug reaction (p = 0.443). If failure to recognize a complication (p = 0.034) or delay in diagnosis (p = 0.026) was a component of the legal allegations, the outcome significantly favored the plaintiff. The average settlement ($535,000) and plaintiff award ($1.52 million) were not significantly different (p = 0.13).

Conclusions:

The majority of outcomes favored the defendant with a trend towards higher payouts in cases settled by a jury when compared to a settlement. Type of injury did not predict outcome. Failure to recognize complications and delay in diagnosis strongly predicted a verdict in favor of the plaintiff.