Review of Clinical Settings in Otolaryngology Malpractice Litigation

The malpractice litigation climate in the United States has evolved in recent years. As a whole, medical practice continues to transition to the outpatient setting, with more procedures completed in the office and ambulatory surgical center. Otolaryngology – Head and Neck Surgery is a unique field, with practitioners responsible for both medical and surgical management of head and neck disorders. Otolaryngologists frequently perform procedures in the office, operating room, and ambulatory surgical centers. Furthermore, they are tasked with the diagnosis and medical management of disorders that do not require surgical intervention. Otolaryngology malpractice litigation represents a relatively small portion of all US malpractice claims. In an analysis of 175,667 malpractice claims, 10,641 were attributable to otolaryngologists. There are no studies in the literature that directly compare malpractice claims arising from complications in the office versus the operating room.