Open AccessThyroidectomy Related Malpractice Claims Are Rare
Author(s) -
Singer Michael C.,
Terris David J.,
Iverson Kenneth
Publication year - 2011
Publication title -
otolaryngology–head and neck surgery
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 1.232
H-Index - 121
eISSN - 1097-6817
pISSN - 0194-5998
DOI - 10.1177/0194599811416318a7
Subject(s) - malpractice , indemnity , plaintiff , medicine , thyroidectomy , medical malpractice , payment , incidence (geometry) , causation , actuarial science , family medicine , pediatrics , general surgery , surgery , thyroid , law , political science , business , physics , optics , finance
Objective Little information is available regarding the frequency of thyroidectomy related malpractice claims. Previous studies have not assessed claims that were settled or dropped before trial, providing only a limited view of the medical‐legal environment. We sought to determine the frequency of thyroid surgery related malpractice claims, their causes and outcomes. Method The database of the Physician Insurers Association of America (PIAA) was reviewed. This data is estimated to represent 25% of medical malpractice claims in the United States. Claims from 1985 to 2008 with thyroid‐related procedure codes were evaluated for claimant information, insured’s specialty, loss description and causation, and claim outcomes. Results During the 23‐year period reviewed, 381 claims related to thyroid surgery were reported. 128 claims (33.6% of total claims) resulted in an indemnity payment either due to settlement or a finding against the defendant. The average indemnity payment was $185,366 (range $363 to $2,000,000). Among cases in which a specific outcome was reported, 55 were related to laryngeal nerve injury or voice disturbance. No marked change occurred in the incidence of claims across the study period. During this time, approximately 2,585,000 thyroidectomies were performed. Extrapolating from PIAA data, this works out to an estimated 1.5 claims per 10,000 cases. Conclusion Malpractice claims related to thyroid surgery are surprisingly infrequent. While the rates of thyroid surgery have risen steadily, there has not been a corresponding increase in related malpractice claims.