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B.
Litigation data, lessons learned
Stevenson AN, Myer CM 3rd, Shuler MD, Singer PS. Complications and legal outcomes
of tonsillectomy malpractice claims.
Laryngoscope
. 2012; 122(1):71-74. EBM
level 4.......................................................................................................................192-195
Summary
: This article reports on the contents of the LexisNexis legal database regarding
tonsillectomy cases that were litigated or settled from 1984 to 2010. Verdicts and
monetary awards were analyzed for trends and common themes in the causes of
complications, litigation, and outcome. The article then presents key learning points for
the otolaryngologist to avoid or reduce the risk of future litigation involving
tonsillectomy patients.
Svider PF, Carron MA, Zuliani GF, et al. Lasers and losers in the eyes of the law:
liability for head and neck procedures.
JAMA Facial Plast Surg
. 2014; 16(4):277-283.
EBM level 4..............................................................................................................196-202
Summary
: Procedures using lasers represent a potential target for malpractice litigation
when an adverse event occurs. Although otolaryngologists were more likely to be named
as physician defendants when lasers were used in head and neck interventions, cases in
this analysis included cutaneous/cosmetic procedures as well. The importance of the
informed consent process was emphasized.
Winford TW, Wallin JL, Clinger JD, Graham AM. Malpractice in treatment of sinonasal
disease by otolaryngologists: a review of the past 10 years.
Otolaryngol Head Neck Surg
.
2015; 152(3):536-540. EBM level 4........................................................................203-207
Summary
: Otolaryngologists should be knowledgeable of the reasons for litigation in the
treatment of sinonasal disease as well as the importance of informed consent. This article
reviews the recent trends and causes for litigation, outcomes of such suits, and legal
requirements in a medical malpractice case.
C.
Role of mediation in resolving litigation
Sohn DH, Bal BS. Medical malpractice reform: the role of alternative dispute resolution.
Clin Orthop Relat Res
. 2012; 470(5):1370-1378. EBM level 4.............................208-216
Summary
: The U.S. healthcare system needs reform. The current tort system is extremely
expensive. This article explores alternative dispute resolution (ADR) as a technique to
help reform the current tort system. ADR has an excellent track record of avoiding
litigation, decreasing overall cost, and increasing satisfaction among both plaintiffs and
defendants.