Medical Malpractice in Otolaryngology within the United States: A LexisNexis-Based Demographic Analysis

• Published in: Otolaryngology-head and neck surgery
• Main Authors: Sharma, Shiven, Edalati, Shaun, Chung, Tony, Wallace, Nathan, Eloy, Jean A, Man, Li-Xing, Genden, Eric M, Govindaraj, Satish
• Format: Journal Article
• Language: English
• Published: England 15.09.2024
• Subjects: facial plastics; law; otolaryngology; head and neck cancer; lawsuit; head and neck surgery; ENT; otology; rhinology; tort reform; litigation; medicolegal; facial trauma; negligence; sinus surgery; laryngology; otorhinolaryngology; malpractice
• ISSN: 1097-6817
• DOI: 10.1002/ohn.943

Otolaryngologists are at a significantly greater risk of being sued than most other physicians. To date, there is a lack of studies characterizing trends in otolaryngology malpractice claims. To assess these trends and risk variables, this study examined malpractice claims against otolaryngologists. Retrospective database review. LexisNexis Jury Verdicts and Settlements. The LexisNexis legal database was used to locate jury verdicts and settlements related to medical malpractice in otolaryngology, from 2018 to 2024. The study did not include any claims covered by the Social Security Disability Insurance, Workers' Compensation, Healthcare Law, or Criminal Law and Procedure categories. Temporal trends were evaluated, and logistic regression was used to identify independent risk factors. Out of 903 items, 79 reported malpractice cases were included (mean age 44.5; 60.3% female). The most sued subspecialty was head and neck oncology (32.5%). Negligence (93.7%) was the primary cause of action. Of cases sent to the jury, 87.7% of them resulted in a verdict in favor of the defendant. The mean plaintiff verdict payout was $7,432,508.06 and the mean identified settlement amount was $1,562,500.00. Physical injury (62.0%) was the highest type of harm. Regional analysis indicated a higher percentage of cases from New York favored the defendant (21.1% vs 13.6%; P = .034). This study highlights key trends in otolaryngology malpractice claims, emphasizing the prevalence in cases of head and neck surgery, primarily attributed to negligence. By identifying trends and risk factors, otolaryngologists can get a better understanding of the dynamics surrounding malpractice.