Legal Culpability in Otology and Neurotology Litigation

Abstract

Objectives:

1) Analyze otologic and neurotologic procedural malpractice litigation in the United States of America. 2) Discuss ways to prevent future malpractice litigation.

Methods:

The study is a retrospective review of court records pertaining to otologic and neurotologic procedures using the Westlaw legal database conducted in October, 2012. The term “medical malpractice” was searched in combination with terms related to otology and neurotology obtained from the American Academy of Otolaryngology-Head and Neck Surgery website.

Results:

Of the 47 claims that met inclusion criteria, 63.8% were decided in the physician’s favor, 25.5% were decided in the plaintiff’s favor (average payment $446,697), and 10.6% were settled out of court (average payment $372,607). Cerumen removal was the most common procedure leading to complaint (21.3%) and the most likely procedure to lead to payment (50.0%). Hearing loss was the most common injury, (53.2%), and resulted in the highest proportion of cases that lead to payment (40.0%). Other common alleged injuries were facial nerve injury (27.7%), tympanic membrane perforation (23.4%), need for additional surgery (42.6%), and lack of informed consent (31.9%). In addition, cases resulting from acoustic neuroma or stapedectomy resulted in higher payments to the plaintiffs (average $3,498,597 and $2,733,000 respectively).

Conclusions:

Malpractice trials were resolved in the defendant’s favor in the majority of cases. Cerumen removal was most common procedure leading to complaint and the procedure most likely to result in payment. Hearing loss was the most common injury cited. Payment was highest in acoustic neuroma and stapedectomy cases.