Medical Malpractice and Facial Nerve Paralysis

Abstract

FACIAL NERVE paralysis is a devastating complication of many otolaryngologic, cosmetic, and oncologic procedures in the head and neck. The complication is well recognized, surgical procedures have been designed to find and/or avoid the nerve, and surgeons and patients are presumably well aware of the risks. Yet, the complication is so devastating that patients are unhappy and, although rare, occasionally sue their physicians. To better understand the causes, circumstances, and outcomes of these suits, I undertook a review of malpractice litigation involving patients with facial nerve paralysis. Litigation analysis and physician education are vital to reducing the number of malpractice claims.^1,2 Medical malpractice has been studied for several cancers, and disease states, but little is known about litigation trends in patients with surgically induced facial nerve paralysis.^1,2 The present study analyzes malpractice litigation trends by reviewing jury verdict reports from a 16-year period to determine the nature and outcome of these suits. It is hoped that a better understanding of these suits will aid in developing risk management strategies to avoid these injuries, or at least the resultant litigation.