Joel B Epstein1, Robert V Kish2, Lucy Hallajian3, James Sciubba4. 1. Collaborative Member, Samuel Oschin Comprehensive Cancer Center, Cedars-Sinai Medical Center, Los Angeles, California, USA; and Consultant, Otolaryngology and Head and Neck Surgery, City of Hope National Medical Center, Duarte, California, USA. Electronic address: jepstein@coh.org. 2. Reminger Co., L.P.A., Columbus, Ohio, USA. 3. DDS Candidate, UCSF School of Dentistry, San Francisco, California, USA. 4. Professor (Ret.), Johns Hopkins School of Medicine; Milton J.Dance Head & Neck Center, The Greater Baltimore Medical Center, Baltimore, Maryland, USA.
Abstract
OBJECTIVE: The purpose was to review cases of malpractice in head and neck cancer (HNC) in order to examine allegations and outcomes of the litigation and to assess the implications for best practices in the clinical care of patients with HNC. MATERIALS AND METHODS: Three U.S. legal databases were accessed to assess the basis of the cases and the outcomes reported. RESULTS: Dental and medical health care providers are identified in cases with alleged failure to diagnose or delayed diagnosis. In addition, inadequate prevention and management of oral complications of cancer therapy also may result in medicolegal action. In the dental cases, the mean recovery was $1,033,500.11, and in medical cases, it was $2,828,639.20. CONCLUSIONS: In addition to failure in the diagnosis of malignant disease, our review identified failure to properly prevent and manage oral complications as potential causes of medicolegal actions. Evidence-based care with a multidisciplinary team may promote diagnosis of disease and prevention and management of complications.
OBJECTIVE: The purpose was to review cases of malpractice in head and neck cancer (HNC) in order to examine allegations and outcomes of the litigation and to assess the implications for best practices in the clinical care of patients with HNC. MATERIALS AND METHODS: Three U.S. legal databases were accessed to assess the basis of the cases and the outcomes reported. RESULTS: Dental and medical health care providers are identified in cases with alleged failure to diagnose or delayed diagnosis. In addition, inadequate prevention and management of oral complications of cancer therapy also may result in medicolegal action. In the dental cases, the mean recovery was $1,033,500.11, and in medical cases, it was $2,828,639.20. CONCLUSIONS: In addition to failure in the diagnosis of malignant disease, our review identified failure to properly prevent and manage oral complications as potential causes of medicolegal actions. Evidence-based care with a multidisciplinary team may promote diagnosis of disease and prevention and management of complications.
Authors: Paula Baptistella de Lima; Veruska Lima Moura Brasil; Jurema Freire Lisboa de Castro; Flávia Maria de Moraes Ramos-Perez; Fábio Abreu Alves; Maria Luiza dos Anjos Pontual; Danyel Elias da Cruz Perez Journal: Support Care Cancer Date: 2015-03-11 Impact factor: 3.603