Overview of Malpractice Litigation in Otolaryngology

The rising threat of medical malpractice in recent decades has impacted the practice of medicine, including Otolaryngology. There has been increasing recognition of the personal and financial costs associated with litigation following an undesirable outcome, and the evolving medicolegal implications of complications, which can add both direct and indirect costs to providing healthcare in the United States. Familiarity with basic factors required for cases to advance to the level of a lawsuit is important in developing strategies to avoid adverse medical and legal outcomes and improve patient care. Recurrent themes include the importance of a positive physician-patient relationship, understanding the components of an appropriate informed consent process, and familiarity with strategies to minimize the incidence of adverse events. Issues raised in proceedings may vary based on practice setting, type of procedure, and severity of complications.