Laryngology litigation in the United States: Thirty years in review

The Laryngoscope
Sungjin A SongMacario Camacho

Abstract

Malpractice claims pertaining to laryngology procedures are a potentially important source of information that could be used to minimize the risk of future litigation and improve patient care. A retrospective review of two publicly available databases containing jury verdicts and settlements. The LexisNexis Jury Verdicts and Settlements and WestlawNext legal databases were reviewed for all lawsuits and out-of-court adjudications related to the practice of laryngology. Data including patient demographics, type of surgery performed, plaintiff allegation, nature of injury, outcomes, and indemnities were collected and analyzed. Of 87 cases meeting inclusion criteria, 56 were decided by a jury and 31 were adjudicated out of court. Vocal cord surgery was the most commonly litigated surgery. The two most commonly cited legal allegations were physical injury and negligence. No statistical difference for legal outcome was found when death or vocal cord injuries occurred. Complications in procedures that utilized a laser predicted an unfavorable outcome (P = 0.013). A payout was made in over one-half of cases, but defendants were favored in over two-thirds of cases decided by a jury. The average indemnities were significant for both jury...Continue Reading

References

Aug 1, 2002·The Laryngoscope·Daniel D Lydiatt
May 29, 2004·Current Opinion in Otolaryngology & Head and Neck Surgery·Daniel D Lydiatt
Jan 5, 2013·Anesthesiology·Jeffrey L ApfelbaumUNKNOWN American Society of Anesthesiologists Task Force on Operating Room Fires
Feb 6, 2013·Otolaryngology--head and Neck Surgery : Official Journal of American Academy of Otolaryngology-Head and Neck Surgery·Steven S HongJoseph C Sniezek
Aug 8, 2013·Otology & Neurotology : Official Publication of the American Otological Society, American Neurotology Society [and] European Academy of Otology and Neurotology·Douglas S RuhlPhilip D Littlefield
Oct 10, 2013·The Laryngoscope·Steven S HongJoseph C Sniezek
Dec 19, 2013·The Laryngoscope·Anthony M Tolisano, Jennifer M Bager

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Citations

Jan 16, 2019·Otolaryngology--head and Neck Surgery : Official Journal of American Academy of Otolaryngology-Head and Neck Surgery·Ashley M NassiriMarc L Bennett
Jul 20, 2019·European Archives of Oto-rhino-laryngology : Official Journal of the European Federation of Oto-Rhino-Laryngological Societies (EUFOS) : Affiliated with the German Society for Oto-Rhino-Laryngology - Head and Neck Surgery·Toru Hiyama
Dec 18, 2020·Aesthetic Surgery Journal·Adrian A OngDavid A Sherris
May 30, 2021·Head & Neck·Amanda WongDennis Kraus

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