Delayed in diagnosis of upper aerodigestive tract cancers: A comprehensive review of medical malpractice cases

BackgroundFactors that prompt litigation and influence outcomes for malpractice cases involving cancers of the upper aerodigestive tract are incompletely described. MethodsWestlaw, a national legal database, was searched for medical malpractice claims related to upper aerodigestive tract cancer for all years available. ResultsOf the 122 cases meeting inclusion criteria, 106 (86.9%) involved allegations of failure to diagnose or delay in diagnosis. Tongue, larynx, and nasopharynx cancers were more frequently litigated than would be expected based on their incidence (tongue, 38.7% of aerodigestive tract litigation vs. 26.9% of aerodigestive tract cancers; larynx, 33.0% vs. 22.3%; nasopharynx, 10.4% vs. 4.6%). Payouts were made in over half of diagnosis failure lawsuits (56.6%), which carried an average award of $2840690 [IQR 850219-2537509]. ConclusionsAn awareness of litigation on cancers of the upper aerodigestive tract holds the potential to improve patient care and help otolaryngologists avoid potential risks for litigation.

Automated summary

This study searched a national legal database and found that 86.9% of medical malpractice claims related to upper aerodigestive tract cancer involved allegations of failure to diagnose or delay in diagnosis. Tongue, larynx, and nasopharynx cancers were more frequently litigated than expected. The average payout for diagnosis failure lawsuits was $2,840,690. Increased awareness of litigation on upper aerodigestive tract cancers can improve patient care and help otolaryngologists minimize potential litigation risks.