What can be learned from litigation in otology? A review of clinical negligence claims in England 2013–2018

• Published in: Journal of laryngology and otology Vol. 135; no. 5; pp. 379 - 384
• Main Authors: McClenaghan, F, Ho, C, Machin, J T, Briggs, T W R, Marshall, A, Navaratnam, A V
• Format: Journal Article
• Language: English
• Published: Cambridge, UK Cambridge University Press 01.05.2021
• Subjects: Compensation; Consent; Costs; Datasets; Ear diseases; Facial nerve; Hearing loss; Injuries; Legal defense; Litigation; Negligence; Otolaryngology; Otology; Surgery; Trends; United Kingdom > UK; England; Otolaryngology; Jurisprudence; Otologic Surgical Procedures
• ISSN: 0022-2151; 1748-5460
• DOI: 10.1017/S0022215121000852

Litigation in the National Health Service continues to rise with a 9.4 per cent increase in clinical negligence claims from the period 2018 and 2019 to the period 2019 and 2020. The cost of these claims now accounts for 1.8 per cent of the National Health Service 2019 to 2020 budget. This study aimed to identify the characteristics of clinical negligence claims in the subspecialty of otology. This study was a retrospective review of all clinical negligence claims in otology in England held by National Health Service Resolution between April 2013 and April 2018. There were 171 claims in otology, 24 per cent of all otolaryngology claims, with a potential cost of £24.5 million. Over half of these were associated with hearing loss. Stapedectomy was the highest mean cost per claim operation at £769 438. The most common reasons for litigation were failure or delay in treatment (23 per cent), failure or delay in diagnosis (20 per cent), intra-operative complications (15 per cent) and inadequate consent (13 per cent). There is a risk of high-cost claims in otology, especially with objective injuries such as hearing loss and facial nerve injury.