title: Protecting the airway and the physician: Aspects of litigation arising from tracheotomy.
abstract: BACKGROUND
  In recent decades, medical malpractice costs have increased and have led to a change in the way physicians practice medicine. Tracheotomies are cases in which complications have a high risk of morbidity and mortality and the potential for litigation.
  
  
  METHODS
  The Westlaw legal database was used to gather data on 43 jury verdicts and settlements from 1987 to 2013. Various factors included outcome, defendant specialty, and the reason for litigation.
  
  
  RESULTS
  Median settlements were $500,000 and median verdict awards were $2,000,000. Postoperative negligence was alleged most often (81%) followed by intraoperative negligence (27.9%) and permanent injury (18.6%). Otolaryngologists were named as defendants most often (25.6%), with nurses named second most often. Pediatric cases had significantly higher awards and were more often named in favor of the plaintiff.
  
  
  CONCLUSIONS
  An awareness of tracheotomy malpractice litigation has the potential to both help physicians avoid future litigation and improve patient safety.
authors.affiliation: Department of Otolaryngology - Head and Neck Surgery, Wayne State University School of Medicine, Detroit, Michigan.
authors.forename: Jeremy P
authors.initials: JP
authors.lastname: Farida
authors.affiliation: Department of Otolaryngology - Head and Neck Surgery, Wayne State University School of Medicine, Detroit, Michigan.
authors.forename: Lauren A
authors.initials: LA
authors.lastname: Lawrence
authors.affiliation: Department of Otolaryngology - Head and Neck Surgery, Wayne State University School of Medicine, Detroit, Michigan.
authors.forename: Peter F
authors.initials: PF
authors.lastname: Svider
authors.affiliation: Department of Otolaryngology - Head and Neck Surgery, Wayne State University School of Medicine, Detroit, Michigan.|Section of Otolaryngology, Department of Surgery, John D. Dingell VA Medical Center, Detroit, Michigan.
authors.forename: Mahdi A
authors.initials: MA
authors.lastname: Shkoukani
authors.affiliation: Department of Otolaryngology - Head and Neck Surgery, Wayne State University School of Medicine, Detroit, Michigan.|Section of Otolaryngology, Department of Surgery, John D. Dingell VA Medical Center, Detroit, Michigan.
authors.forename: Giancarlo F
authors.initials: GF
authors.lastname: Zuliani
authors.affiliation: Department of Otolaryngology - Head and Neck Surgery, Wayne State University School of Medicine, Detroit, Michigan.
authors.forename: Adam J
authors.initials: AJ
authors.lastname: Folbe
authors.affiliation: Department of Otolaryngology - Head and Neck Surgery, Wayne State University School of Medicine, Detroit, Michigan.|Section of Otolaryngology, Department of Surgery, John D. Dingell VA Medical Center, Detroit, Michigan.
authors.forename: Michael A
authors.initials: MA
authors.lastname: Carron
mesh_terms: D000293:Adolescent; D000328:Adult; D000368:Aged; D002648:Child; D002675:Child, Preschool; D016208:Databases, Factual; D005260:Female; D006801:Humans; D007223:Infant; D008297:Male; D008318:Malpractice / Q000331:legislation & jurisprudence*; D008875:Middle Aged; D000072220:Otolaryngologists / Q000331:legislation & jurisprudence*; D061214:Patient Safety; D014140:Tracheotomy / Q000009:adverse effects / Q000331:legislation & jurisprudence*; D055815:Young Adult
keywords: litigation; medical malpractice; surgical airway; tracheostomy; tracheotomy