Lydiatt Daniel D
Department of Otolaryngology, University of Nebraska Medical Center and Methodist Cancer Center, Omaha, Nebraska 68198-1225, USA.
Head Neck. 2003 Jun;25(6):429-31. doi: 10.1002/hed.10254.
A medical malpractice litigation "crisis" exists in this country. Analyzing litigation trends through verdict summaries may help understand causes.
Jury verdict reviews from 1987-2000 were obtained from a computerized database. Reviews compile data on defendants, plaintiffs, allegations of wrongdoing, and verdict summaries.
Thirty suits from nine states occurred. Plaintiffs were women in 80% of the cases, with a median age of 41. Fifty percent of patients (15 of 30) had a bad outcome, (9 of 30 dead, 4 of 30 with neurologic deficits, 1 blind, and 1 alive with cancer). Thirty percent alleged surgical complications, mostly recurrent laryngeal nerve injury, and 75% of cancer patients alleged a delay, either through falsely negative biopsies or no biopsy taken. Respiratory events occurred in 43% and frequently resulted in large awards.
The liberal use of fine-needle aspiration and documentation of surgical risks may help reduce litigation. Complications and bad outcomes do not indicate negligence. Analysis may contribute to risk management strategies or litigation reform.
