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. 2008 Mar;138(3):315-20.
doi: 10.1016/j.otohns.2007.11.024.

Characteristics and outcomes of malpractice claims after tonsillectomy

Luc G T Morris  1 , Seth M Lieberman, Shari D Reitzen, David R Edelstein, David J S Ziff, Alvin Katz, Arnold Komisar
Affiliations

Characteristics and outcomes of malpractice claims after tonsillectomy

Luc G T Morris et al. Otolaryngol Head Neck Surg. 2008 Mar.

Abstract

Objective: To characterize the background and outcomes of tonsillectomy malpractice claims.

Methods: Review of 69 New York State insurance claims (Part I) and 87 national court trials (Part II) alleging injury after tonsillectomy.

Results: Part I. New York State insurance cases were most commonly discontinued (44%) or settled (42%) before trial. Compensations with a settlement or verdict were made in 48 percent of cases. Part II. Death or major injury occurred in 52 percent of insurance cases, with a mean award of $403,656 being made to plaintiffs. Of cases reaching trial, 60 percent of plaintiffs were compensated. Awards against anesthesiologists were more frequent and higher than against surgeons ($5 million vs $839,650). Death or major injury occurred in 52 percent of court cases, resulting in mean indemnity of $3.8 million. Most cases of death or major injury were attributable to airway complications.

Conclusions: Approximately half of both New York state claims and court cases involved death or devastating morbidity, mostly related to airway complications, resulting in large awards. Tonsillectomy is a source of uncommon but potentially high-dollar-value litigation exposure to the surgeon, often attributable to non-surgical complications.

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