Protecting the most vulnerable: Litigation from pediatric otolaryngologic procedures and conditions

Abstract

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.

Rhinology and medical malpractice: An update of the medicolegal landscape of the last ten years

“…In order to practice safely and effectively, rhinologists must critically analyze the myriad risks involved. Multiple studies have evaluated the effect of medical malpractice in otolaryngology and its subspecialties . Still others have analyzed aspects of rhinology .…”

Cost‐effectiveness of routine computed tomography in the evaluation of idiopathic unilateral vocal fold paralysis

“…The latter possibility is one consideration that has facilitated the rise of defensive medicine. Annual costs directly associated with medicolegal concerns (including malpractice insurance rates as well as legal proceedings) may be as high as $6 to $10 billion, and individual otolaryngology proceedings are often resolved with jury‐awarded damages ranging into six‐ and seven‐figure totals . Furthermore, indirect costs due to defensive medicine may exceed $50 billion .…”

Protecting the airway and the physician: Aspects of litigation arising from tracheotomy

“…This widely used resource comprises court records of cases that are included on a court docket . Commercial vendors, varying by jurisdiction, collect jury verdict and settlement reports progressing far enough for inclusion into publically available federal and state court records, and provide these records to Westlaw . Cases that do not progress far enough for inclusion into public records, such as numerous settlements, are not encompassed by this database.…”

“…Cases that do not progress far enough for inclusion into public records, such as numerous settlements, are not encompassed by this database. Hence, this resource is useful for evaluation of factors brought up within included litigation rather than a tool for estimating the overall societal incidence of litigation specific to topics, is widely used by legal professionals, and has provided invaluable information for medicolegal analyses covering many topics …”