An Analysis of Medical Malpractice Litigation Involving Orbital Fractures
Martina Brozynski, Nargiz Seyidova, Olachi Oleru, Curtis Rew, Anais Di Via loschpe, Peter J. Taub- General Medicine
- Otorhinolaryngology
- Surgery
Background:
Orbital fractures frequently require operative management by a plastic and reconstructive surgeon. Due to the proximity to the globe and complexity of the reconstruction, orbital fractures, and related procedures have the potential to be a source of medical litigation. The aim of the present study was to review orbital fracture malpractice litigation, including case outcomes and compensatory damages.
Methods:
The Westlaw and Lexis Nexis databases were queried for jury verdicts and settlements related to orbital fracture malpractice lawsuits. The Boolean terms included “
Results:
A total of 49 cases from 1994 to 2018 met inclusion criteria between the databases. The most common legal complaint was the defendant’s failure to make a diagnosis either by not ordering the proper radiological tests or by not interpreting radiological tests correctly, seen in 35% of cases. In 57% of the cases, the defendant was a surgeon, 46% of which involved a plastic surgeon specifically. Cases were resolved in favor of the defendant 49% of the time. Most cases (57%) resulted in a monetary outcome of $0. However, cases that were decided in favor of the plaintiff had significant compensatory damages with the majority being over $100,000, and 1 case as high as $8 million.
Conclusion:
Although almost half of the orbital fracture malpractice cases resulted in an outcome favoring the defendant, significant monetary consequences against the defendant were possible in cases when the plaintiff prevailed.