Medical Malpractice and Vestibular Schwannomas: A Nationwide Review

A majority of physicians will face litigation related to the care of their patients, with high-risk specialties including neurosurgery facing particularly high risk. Diagnosis and management of vestibular schwannomas can be challenging, and poor outcomes are not infrequent. Accordingly, a full appreciation of the medicolegal implications of treating these challenging tumors is warranted. A systematic search of the Westlaw Edge database was conducted to identify all cases of medicolegal proceedings related to the management of vestibular schwannomas. Cases identified by the search were screened in full, and relevant cases included for analysis. In total, 38 cases were included, with cases filed in 10 states. Failure to diagnose was the most frequent allegation (63.16%), followed by negligent surgery (21.05%). Neurosurgeons were most frequently implicated (15.79%), followed by otolaryngologists (13.16%), and radiologists (13.16%). A documented physical injury was present in the majority of cases (76.32%), with cranial nerve injuries most frequent (55.26%). A verdict was reached in 28 cases (73.68%), with the jury finding in favor of the defendant(s) in the majority of cases (n = 24; 85.71%). Damages were paid out in 11 cases, with a mean payout of $3,434,447. Mean value of damages paid in verdicts were larger than those in settlements ($9,062,262 vs. $1,385,457, respectively). This work provides a comprehensive review of medicolegal proceedings related to the management of vestibular schwannomas, and the factors related to litigation. This study affords clinicians greater appreciation of the medicolegal implications of treating vestibular schwannomas.

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Artikel online veröffentlicht:
12. Februar 2021