Author(s)
Tasher Losenegger, MD
Robin Powszok, MD
Ryan M Smith, MD
Peter C Revenaugh, MD
Michael Eggerstedt, MD
Affiliation(s)
Rush University Medical Center;
Abstract:
Background:
While medical malpractice litigation can be an important accountability mechanism, excessive litigation leads to undue financial and emotional burdens on physicians and may result in overall poorer care due to defensive medicine. While litigation in various otolaryngology procedures is well-documented, research on litigation related to functional nasal surgery in the United States remains limited.
Learning and Study Objectives:
To examine malpractice claims associated with functional nasal surgery in the United States and to identify factors influencing litigation outcomes.
Design Type:
Retrospective database review
Methods:
The LexisNexis Jury Verdicts & Settlements database was searched for legal cases involving functional nasal surgeries, including septoplasty, functional rhinoplasty, turbinate reduction, and nasal valve repair. Data were extracted on case details, including plaintiff demographics, procedure types, allegations, case outcomes, and plaintiff awards. Statistical analysis was performed to assess factors impacting litigation outcomes.
Results:
A total of 71 cases were analyzed, with post-operative complications being the most common allegation (57.7%). Outcomes favored the defendant in 63.2% of cases. Delays in diagnosis and unindicated surgeries were significantly associated with successful claims for plaintiffs. Informed consent issues were more likely to result in favorable outcomes for defendants.
Conclusions:
Malpractice litigation in functional nasal surgery most commonly involves post-operative complications, with nasal deformity and cerebrospinal fluid leaks disproportionately represented. Successful litigation for plaintiffs was more likely in cases involving diagnostic delays or unindicated surgery. The findings emphasize the importance of informed consent and thorough preoperative assessment to reduce litigation risk.