Protecting the most vulnerable: Litigation from pediatric otolaryngologic procedures and conditions. (29th April 2014)

• Record Type: Journal Article
• Authors: Rose, Christopher; Svider, Peter F.; Sheyn, Anthony; Meadows, Lila N.; Eloy, Jean Anderson; Coticchia, James; Folbe, Adam J.
• Is Part Of: Laryngoscope. Volume 124:Number 9(2014:Sep.)
• Page Start: 2161
• Page End: 2166
• Publication Date: 2014-04-29
• Subjects: Otolaryngology -- Periodicals; 617.51005
• DOI: 10.1002/lary.24663
• Languages: English
• ISSNs: 0023-852X

Abstract

<abstract abstract-type="main"> <title> <x xml:space="preserve">Abstract</x> </title> <sec id="lary24663-sec-0001" sec-type="section"> <title>Objectives/Hypothesis</title> <p>To identify allegations raised in litigation stemming from pediatric otolaryngologic procedures and conditions.</p> </sec> <sec id="lary24663-sec-0002" sec-type="section"> <title>Study Design</title> <p>Retrospective analysis of a legal database.</p> </sec> <sec id="lary24663-sec-0003" sec-type="section"> <title>Methods</title> <p>The authors reviewed jury verdict and settlement reports on the WestlawNext database from 1994 to 2013 for cases involving pediatric plaintiffs and alleged negligence in otolaryngologic procedures and conditions.</p> </sec> <sec id="lary24663-sec-0004" sec-type="section"> <title>Results</title> <p>Of the 78 cases included, 52.6% were resolved with a payment; aggregate payments exceeded $69 million, and median jury‐awarded damages and settlements were $874, 190 and $250, 000, respectively. Adenotonsillectomy was the most commonly litigated procedure. Otolaryngologists were defendants in 42 (53.8%) cases, with pediatricians and anesthesiologists the next most commonly named defendants. Forty‐six (59.0%) cases involved alleged negligence in operative management, whereas other factors included permanent injury (44.9%), misdiagnosis/failure to diagnose in a timely manner (41.0%), death (35.9%), and requiring additional surgery. Airway‐related complications and allegedly permanent injuries significantly increased the size of payments. Awards were highest in cases with plaintiffs at 1 to 5‐years of age and lowest among children older than 10 years of age.</p> </sec> <sec id="lary24663-sec-0005" sec-type="section"> <title>Conclusions</title> <p>Unique considerations specific to pediatric patients are involved in malpractice litigation, and damages awarded were considerable. By including the specific factors listed in this analysis in a comprehensive informed consent process, and recognizing concerns specific to this patient population, practitioners in multiple specialties may potentially reduce liability. Clear communication with parents is a critical component of this process.</p> </sec> <sec id="lary24663-sec-0006" sec-type="section"> <title>Level of Evidence</title> <p>NA <italic>Laryngoscope</italic>, 124:2161–2166, 2014</p> </sec> </abstract>