Affiliation:
1. Department of Otorhinolaryngology – Head and Neck Surgery University of Pennsylvania Philadelphia Pennsylvania USA
2. Leonard Davis Institute of Health Economics University of Pennsylvania Philadelphia Pennsylvania USA
Abstract
AbstractBackgroundFactors that prompt litigation and influence outcomes for malpractice cases involving cancers of the upper aerodigestive tract are incompletely described.MethodsWestlaw, a national legal database, was searched for medical malpractice claims related to upper aerodigestive tract cancer for all years available.ResultsOf the 122 cases meeting inclusion criteria, 106 (86.9%) involved allegations of failure to diagnose or delay in diagnosis. Tongue, larynx, and nasopharynx cancers were more frequently litigated than would be expected based on their incidence (tongue, 38.7% of aerodigestive tract litigation vs. 26.9% of aerodigestive tract cancers; larynx, 33.0% vs. 22.3%; nasopharynx, 10.4% vs. 4.6%). Payouts were made in over half of diagnosis failure lawsuits (56.6%), which carried an average award of $2840690 [IQR 850219–2537509].ConclusionsAn awareness of litigation on cancers of the upper aerodigestive tract holds the potential to improve patient care and help otolaryngologists avoid potential risks for litigation.
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