Abstract
Objectives:
(1) Review past literature on medical malpractice in rhinology and sinonasal disease in the Unites States of America. (2) Analyze otolaryngology malpractice litigation related to sinonasal disease in the last 10 years. (3) Discuss ways to prevent future malpractice litigation in this area of otolaryngology.
Methods:
The study is a case series with review of court records pertaining to litigation of otolaryngologic treatment of sinonasal disease using the Westlaw and Lexis Nexis legal databases. The phrase medical malpractice was searched with terms related to sinonasal disease involving court cases in the last 10 years, yielding 26 cases. The cases were analyzed for pertinent data regarding plaintiffs, presenting complaint, practice setting, type of malpractice, resulting injury, result of verdict, and amount of reward or settlement.
Results:
Chronic sinusitis was the most common presenting symptom. Many cases included multiple types of alleged malpractice with the most common being negligent technique and lack of informed consent. The most common alleged injuries included cerebrospinal fluid leak, meningitis, nasal obstruction, and orbital trauma. Defendants prevailed in 13 of the 18 cases in which outcomes were known, with mean award of $225,000 and mean settlement of $212,500. The cases won by plaintiffs were all in a private practice setting.
Conclusions:
Otolaryngologists should be aware of the causes of malpractice litigation as it relates to treatment of sinonasal disease and ensure informed consent is obtained and well-documented. A unified and complete database of medical malpractice cases is needed to allow for further analysis of specialty-related claims.
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