2017 HSC Section 2 - Practice Management

B. Litigation data, lessons learned Stevenson AN, Myer CM 3rd, Shuler MD, Singer PS. Complications and legal outcomes of tonsillectomy malpractice claims. Laryngoscope . 2012; 122(1):71-74. EBM level 4.......................................................................................................................192-195 Summary : This article reports on the contents of the LexisNexis legal database regarding tonsillectomy cases that were litigated or settled from 1984 to 2010. Verdicts and monetary awards were analyzed for trends and common themes in the causes of complications, litigation, and outcome. The article then presents key learning points for the otolaryngologist to avoid or reduce the risk of future litigation involving tonsillectomy patients. Svider PF, Carron MA, Zuliani GF, et al. Lasers and losers in the eyes of the law: liability for head and neck procedures. JAMA Facial Plast Surg . 2014; 16(4):277-283. EBM level 4..............................................................................................................196-202 Summary : Procedures using lasers represent a potential target for malpractice litigation when an adverse event occurs. Although otolaryngologists were more likely to be named as physician defendants when lasers were used in head and neck interventions, cases in this analysis included cutaneous/cosmetic procedures as well. The importance of the informed consent process was emphasized. Winford TW, Wallin JL, Clinger JD, Graham AM. Malpractice in treatment of sinonasal disease by otolaryngologists: a review of the past 10 years. Otolaryngol Head Neck Surg . 2015; 152(3):536-540. EBM level 4........................................................................203-207 Summary : Otolaryngologists should be knowledgeable of the reasons for litigation in the treatment of sinonasal disease as well as the importance of informed consent. This article reviews the recent trends and causes for litigation, outcomes of such suits, and legal requirements in a medical malpractice case. C. Role of mediation in resolving litigation Sohn DH, Bal BS. Medical malpractice reform: the role of alternative dispute resolution. Clin Orthop Relat Res . 2012; 470(5):1370-1378. EBM level 4.............................208-216 Summary : The U.S. healthcare system needs reform. The current tort system is extremely expensive. This article explores alternative dispute resolution (ADR) as a technique to help reform the current tort system. ADR has an excellent track record of avoiding litigation, decreasing overall cost, and increasing satisfaction among both plaintiffs and defendants.

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