Rosi-Schumacher Mattie R, O'Donnell James D, Ong Adrian A, Sherris David A
Otolaryngology - Head and Neck Surgery, University at Buffalo Jacobs School of Medicine and Biomedical Sciences, Buffalo, USA.
Otolaryngology, Brookdale University Hospital Medical Center, New York, USA.
Cureus. 2024 Oct 29;16(10):e72660. doi: 10.7759/cureus.72660. eCollection 2024 Oct.
The knowledge of malpractice claims after surgery for acute traumatic facial injuries can inform surgeons about potential litigation risks, case complications, and reasons for patient dissatisfaction.
The Westlaw Campus Research and LexisNexis legal databases were searched for all available court decisions associated with cases brought to suit following surgery for traumatic facial injuries. The plaintiff characteristics, date, location, specialty of the defendant, allegations, and adjudicated case outcomes were obtained from case documents and analyzed.
There were 27 relevant judicial cases included between 1985 and 2023. The cases were tried in 16 different states, with New York having the greatest number of cases (25.9%). About half of the plaintiffs were male (51.9%), but the age was unknown in 55.6% of cases, while 29.6% were >18 years old and 14.8% were pediatric patients. The most common method of injury was a motor vehicle accident (44.4%), followed by assault (14.8%). Otolaryngologists were cited in 22.2% of cases, while 33.3% of cases involved a plastic surgeon. The most common reasons for negligence were malocclusion resulting from a fracture (nine cases, 33.3%) and poor post-operative management (six cases, 22.2%). Twelve (44.4%) adjudicated cases were decided in favor of the surgeon.
The most common reasons for litigation following acute traumatic facial injuries were malocclusion and issues during post-operative management, such as surgical site infections. The majority of cases identified and analyzed in this study were adjudicated in favor of the patient.
了解急性创伤性面部损伤手术后的医疗事故索赔情况,有助于外科医生知晓潜在的诉讼风险、病例并发症以及患者不满的原因。
在Westlaw Campus Research和LexisNexis法律数据库中搜索所有与创伤性面部损伤手术后提起诉讼的案件相关的法院判决。从案件文件中获取原告特征、日期、地点、被告专业、指控以及已判决的案件结果,并进行分析。
1985年至2023年间共纳入27起相关司法案件。这些案件在16个不同州进行审理,其中纽约的案件数量最多(25.9%)。约一半的原告为男性(51.9%),但55.6%的案件中原告年龄未知,29.6%的原告年龄大于18岁,14.8%为儿科患者。最常见的受伤方式是机动车事故(44.4%),其次是袭击(14.8%)。22.2%的案件中涉及耳鼻喉科医生,33.3%的案件涉及整形外科医生。最常见的过失原因是骨折导致的咬合不正(9例,33.3%)和术后管理不善(6例,22.2%)。12起(44.4%)已判决案件判定外科医生胜诉。
急性创伤性面部损伤后诉讼的最常见原因是咬合不正和术后管理问题,如手术部位感染。本研究中识别和分析的大多数案件判定患者胜诉。