Characteristics and outcomes of malpractice claims after tonsillectomy.
OBJECTIVE
To characterize the background and outcomes of tonsillectomy malpractice claims.


METHODS
Review of 69 New York State insurance claims (Part I) and 87 national court trials (Part II) alleging injury after tonsillectomy.


RESULTS
Part I. New York State insurance cases were most commonly discontinued (44%) or settled (42%) before trial. Compensations with a settlement or verdict were made in 48 percent of cases. Part II. Death or major injury occurred in 52 percent of insurance cases, with a mean award of $403,656 being made to plaintiffs. Of cases reaching trial, 60 percent of plaintiffs were compensated. Awards against anesthesiologists were more frequent and higher than against surgeons ($5 million vs $839,650). Death or major injury occurred in 52 percent of court cases, resulting in mean indemnity of $3.8 million. Most cases of death or major injury were attributable to airway complications.


CONCLUSIONS
Approximately half of both New York state claims and court cases involved death or devastating morbidity, mostly related to airway complications, resulting in large awards. Tonsillectomy is a source of uncommon but potentially high-dollar-value litigation exposure to the surgeon, often attributable to non-surgical complications.
Morris
Luc G T
LG
Department of Otolaryngology, New York University School of Medicine, New York, NY 10016, USA. luc.morris@med.nyu.edu
Lieberman
Seth M
SM
Reitzen
Shari D
SD
Edelstein
David R
DR
Ziff
David J S
DJ
Katz
Alvin
A
Komisar
Arnold
A
D000328:Adult; D000776:Anesthesiology / Q000331:legislation & jurisprudence; D002648:Child; D013502:General Surgery / Q000331:legislation & jurisprudence; D006801:Humans; D007345:Insurance Claim Review; D008318:Malpractice / Q000706:statistics & numerical data*; D009518:New York / Q000453:epidemiology; D014068:Tonsillectomy / Q000009:adverse effects* / Q000331:legislation & jurisprudence* / Q000401:mortality; D014481:United States