This text, edited by experienced academic and private otolaryngologists at different points in their careers, as well as an attorney, reviews the current literature related to otolaryngology malpractice litigation, and discusses strategies to decrease liability and enhance patient safety. It examines the most recent trial decisions in otolaryngology and determines which procedures are most commonly litigated in the current medicolegal environment. The text provides otolaryngologists with tips and pearls on how to prevent malpractice litigation, and discusses key actions to take when faced with malpractice litigation. Strategies for minimizing liability as well as the factors brought up in malpractice litigation related to otolaryngology – head and neck surgery are also discussed.
Litigation in Otolaryngology will be a useful resource for all involved in the care of otolaryngologic patients (physicians, nurse practitioners, physician assistants, etc.), those concerned with the legal aspect of such care (including malpractice attorneys), and healthcare policy makers.
Section I: General Considerations.- Overview of Malpractice.- History of Malpractice.- Pearls for Preventing Litigation.- Informed Consent.- Differences Based on Practice Setting.- Understanding your Malpractice Insurance Policy.- Section II: Considerations Specific to Otolaryngology-Head and Neck Surgery.- Malpractice in Outpatient Otolaryngology.- Malpractice in Otology/Ear Surgery.- Malpractice in Skull Base Surgery.- Malpractice in Laryngology and Voice Disorders.- Malpractice in Rhinology and Nasal Surgery.- Malpractice in Pediatric Otolaryngology.- Malpractice in Sleep Surgery.- Malpractice in Reconstructive Surgery.- Malpractice in Aesthetic Surgery and Procedures.- Anesthesia-Related Considerations.- Section III: Miscellaneous Topics.- Expert Witness Testimony.- Malpractice as it Relates to Veterans Administration Hospitals.- Litigation as it Relates to Trainee Participation.- Surviving a Malpractice Case.- Illustrative Examples of Some Cases.
Jean Anderson Eloy, MD, FACS, FARSDr. Eloy is currently Professor and Vice Chair of Otolaryngology Head and Neck Surgery at Rutgers New Jersey Medical School. He serves as the Director of Rhinology and Sinus Surgery, Director of Otolaryngology Research, and Co-Director of the Endoscopic Skull Base Surgery Program. Dr. Eloy also has joint appointments as Professor of Neurological Surgery and Professor of Ophthalmology and Visual Sciences at Rutgers New Jersey Medical School. He is currently the Vice President of the New Jersey Academy of Otolaryngology/New Jersey Academy of Facial Plastic Surgery and the Chair and Chief of Service at Saint Barnabas Medical Center. His clinical/surgical interests and area of expertise include medical and surgical management of refractory rhinosinusitis, endoscopic management of sinonasal neoplasia, cerebrospinal fluid rhinorrhea, ventral skull base lesions, endoscopic revision sinus surgery, and computer aided sinus surgery. Peter F. Svider, MD Fellow, Rhinology, Sinus, and Endoscopic Skull Base Surgery, Rutgers New Jersey Medical School. Dr. Svider is Dr. Eloys current fellow and has published numerous manuscripts on Malpractice in Otolaryngology. Soly Baredes, MD, FACS Chairman, Department of Otolaryngology Head and Neck Surgery, Rutgers New Jersey Medical School. Dr. Baredes is Dr. Eloys Colleague and has co-authored numerous manuscripts in Malpractice in Otolaryngology. Mr. Shawn Kelly, JD Mr. Kelly is an attorney with over 30 years of experience in medical malpractice. He has been a collaborator of Dr. Eloy, and has been a co-panelists on Otolaryngology Malpractice with Dr. Eloy at the AAO-HNSF Meeting over the years.
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