Litigation Rates for Endoscopic Sinus Surgery of Different Otolaryngology Fellowships

Most physicians, especially physicians in surgical subspecialties, will be involved in a lawsuit during their career.[1] Otolaryngology is associated with some of the highest ratios of malpractice claims filed to paid due to the complex anatomy and potential for debilitating complications.[2] Rhinology is an otolaryngology fellowship subspecialty that has seen an increase in case load of endonasal sinus surgery. The Westlaw legal research service database was used to observe different rates of litigation in endoscopic sinus surgery when performed by rhinology-fellowship trained otolaryngologist compared with non-rhinology fellowship trained otolaryngologists. Cases obtained from Westlaw were stratified based on otolaryngology fellowship status (rhinology fellowship, other fellowship, or no fellowship training). Surgical complications of litigated cases were organized into one of five categories: nasal, skull base, orbital, vascular, and “other” complications. The reason for litigation was divided into failure to treat, failure of informed consent, and negligent surgery. According to the analysis of this paper, no significant difference in litigation reasons, complications, or outcomes occur among otolaryngologists of different fellowship-training status. No significant difference was found among residency graduation year of surgeons and complication types. Therefore, board-certified otolaryngologists are not significantly more or less likely to be subjects of litigation following endoscopic sinus surgery based on fellowship training or attending position experience.

 

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• References

• 1 Hong SS, Yheulon CG, Sniezek JC. Salivary gland surgery and medical malpractice. Otolaryngol Head Neck Surg 2013;148(4):589–594
• 2 Hong SS, Yheulon CG, Wirtz ED, Sniezek JC. Otolaryngology and medical malpractice: a review of the past decade, 2001-2011. Laryngoscope 2014;124(4):896–901

Publikationsverlauf

Artikel online veröffentlicht:
01. Februar 2023