title: Determining legal responsibility in otolaryngology: a review of 44 trials since 2008.
abstract: OBJECTIVE
  Medicolegal factors contribute to increasing healthcare costs through the direct costs of malpractice litigation, malpractice insurance premiums, and defensive medicine. Malpractice litigation trends are constantly changing as a result of technological innovations and changes in laws. In this study, we examine the most recent legal decisions related to Otolaryngology and characterize the factors responsible for determining legal responsibility.
  
  
  METHODS
  The Westlaw legal database (Thomson Reuters, New York, NY) was used to search for jury verdicts since 2008 in Otolaryngology malpractice cases. The 44 cases included in this analysis were studied to determine the procedures most commonly litigated and progressing to trial, as well as the year, location, alleged cause of malpractice, specialty of co-defendants, and case outcomes.
  
  
  RESULTS
  Out of the 44 cases included in this analysis, physicians were not found liable in 36 (81.8%) cases. Rhinologic procedures comprised 38.6% of cases litigated, and rulings were in physicians' favor in 66.7% of endoscopic sinus surgery (ESS) cases and all non-ESS rhinologic cases. A perceived lack of informed consent was noted in 34.1% of cases. The 8 jury awards averaged $940,000 (range, $148,000-$3,600,000).
  
  
  CONCLUSIONS
  Otolaryngologists were not found liable in the majority of cases reviewed. Rhinologic surgeries were the most common procedures resulting in litigation. Adenotonsillectomies, thyroidectomies, and airway management are also well-represented. Perceived deficits in informed consent and misdiagnosis were noted in a considerable proportion of otolaryngologic malpractice cases resulting in jury decisions.
authors: Department of Otolaryngology-Head and Neck Surgery, University of Medicine and Dentistry of New Jersey, New Jersey Medical School, Newark, NJ, USA.
authors: Peter F
authors: PF
authors: Svider
authors: Qasim
authors: Q
authors: Husain
authors: Olga
authors: O
authors: Kovalerchik
authors: Andrew C
authors: AC
authors: Mauro
authors: Michael
authors: M
authors: Setzen
authors: Soly
authors: S
authors: Baredes
authors: Jean Anderson
authors: JA
authors: Eloy
mesh_terms: D035881:Compensation and Redress / Q000331:legislation & jurisprudence*; D016208:Databases, Factual; D005104:Expert Testimony / Q000331:legislation & jurisprudence; D006801:Humans; D007258:Informed Consent / Q000331:legislation & jurisprudence; D016365:Liability, Legal; D008318:Malpractice / Q000331:legislation & jurisprudence* / Q000706:statistics & numerical data*; D010036:Otolaryngology; D013517:Otorhinolaryngologic Surgical Procedures / Q000331:legislation & jurisprudence* / Q000706:statistics & numerical data; D014481:United States