Medical Malpractice
Ear, nose & throat (“ENT”) doctors – formerly referred to as otolaryngologists – specialize in surgical and medical treatment of disorders involving: (a) the mouth, larynx, throat; (b) the ears; and (c) the sinuses and nose. ENT doctors often focus on certain areas of otolaryngology expertise: allergies; facial surgery; head & neck; laryngology; ears; rhinology. There are just under 11,000 ENT doctors in the U.S. Otolaryngologists go to 4 years of medical school followed by a 5-year residency. Board certification can be obtained through the American Board of Otolaryngology.
What Do ENT Doctors Do?
ENT doctors are one of the most commonly used specialists treating over 20 million patients annually. Most of these patients receive treatment for minor conditions but ENTs also treat cancer, perform surgery and deal with other complex medical issues.
Ears
Almost 50 million people in the United States suffer from some degree of hearing loss. Otolaryngologists that focus of ear disorders treat a range of issues including ear infections, tinnitus, and developmental conditions of the ear. Treatment options for ear disorders range from non-invasive to intricate surgery.
Nose
Treatment of issues involving the sinuses and nasal cavity is one of the key practice areas for most ENTs. Disorders include allergies, deviated septum, and smell disorders. Chronic sinusitis is one of the most common health complaints affecting 35 million people each year.
Throat
ENTs treat a range of conditions relating to the larynx and esophagus which impact voice and swallowing. Tonsillitis is one of the most commonly treated conditions in this area. ENTs perform over half a million tonsillectomy procedures on children every year.
Head & Neck
ENTs also specialize in the head, face, and neck. This involves facial surgery – both cosmetic, plastic surgery and reconstructive facial surgery. ENTs also focus on head and neck cancers – which account for about 3% of all cancer types in the U.S. Common Types of ENT Malpractice Claims
Do Ear Nose & Throat Doctors Get Sued for Malpractice?
Our medical malpractice lawyers do not see many ENT claims. They are, relatively speaking, rare. ENTs do not account for a very high percentage of medical malpractice cases. Within the ENT specialty, however, most doctors have experienced at least one malpractice claim. A study by the American Medical Association found that half of the roughly 10,000 ENT doctors in the U.S. had been sued for malpractice in the past. For those doctors that had faced a malpractice claim, the average total number of claims was two.
What Do ENT Doctors Get Sued For?
The fundamentals of a surgical negligence claim against ENTs are basically the same as they are for any other medical specialty. The question is whether the ENT performed the surgery in accordance with the accepted standard of care. In some surgical cases, the error might be obvious – such as if the doctor forgets a step or leaves something inside the patient.
But these types of cases are rare. Much more common are surgical error cases that involve some level of debate as to whether the standard of care was met.
The overwhelming majority of medical malpractice lawsuits against ENT doctors involve claims of surgical error. A recent report published by ENT Today estimated that 53% of malpractice claims against otolaryngologists asserted “improper performance of surgery.”
Diagnostic failure or delay came in distant second with 19% of all ENT malpractice claims. Endoscopic sinus surgery and rhinologic surgery were the 2 most problematic procedures. The most commonly alleged injury in ENT malpractice claims was loss or impairment of hearing.
The compensation payout average was highest for failed or delay diagnosis claims. Sinusitis, deviated nasal septum and tonsillitis are conditions that led to the most malpractice lawsuits, but these are also the conditions most commonly treated by ENTs
Below is a discussion of the various types of malpractice claims made against ENTs.
Surgical Errors
ENT doctors perform a variety of intricate surgeries, such as endoscopic sinus surgery, ear tube placements, tonsillectomies, and thyroidectomies. Surgical errors, which are the leading basis for malpractice claims, can include damage to surrounding nerves, excessive bleeding, infection, or leaving foreign objects inside the patient. These mistakes can lead to severe complications, including hearing loss, facial paralysis, and damage to the vocal cords.
Misuse of tools like endoscopes or cauterizing devices during surgery can cause significant harm. For example, excessive force or incorrect placement of instruments during sinus surgery or tonsillectomy can lead to permanent damage, such as loss of smell or taste, chronic pain, or respiratory issues.
Failure to Diagnose or Delayed Diagnosis
Malpractice claims involving diagnostic negligence involve allegations that the ENT failed to correctly diagnose a condition or that there was an unreasonable delay in diagnosis. As with other specialties, failure to diagnose cancer is the most common basis for diagnostic negligence claims.
Diagnostic errors occur when an ENT doctor fails to identify or delays the diagnosis of conditions such as throat or laryngeal cancer, sinus infections, or cholesteatomas. Delay in diagnosing cancer or other progressive diseases can have serious repercussions, limiting treatment options and worsening the patient’s prognosis, often leading to claims for delayed or missed diagnosis.
Complications from Anesthesia
Many ENT procedures, particularly surgeries on children, require general anesthesia. Failure to monitor the patient correctly, improper dosing, or failure to recognize an adverse reaction can result in serious complications, including brain damage, respiratory distress, or even death.
Inadequate Postoperative Care
Postoperative negligence, including a lack of monitoring for infection or failure to address patient complaints of unusual pain or swelling, can lead to complications and extended recovery time. ENT patients are at a high risk of infection in the sensitive areas where surgery is performed. If these complications go untreated, they often cause long-term damage, worsening the patient’s condition and leading to malpractice claims.
Consent and Communication Issues
Some malpractice cases stem from a failure to properly communicate risks to patients or obtain informed consent. Patients undergoing ENT surgeries must be made fully aware of potential complications, especially those that could permanently impact their senses or quality of life. If an ENT doctor fails to explain the risks and alternatives, patients in many ENT malpractice lawsuits claim malpractice on the basis of inadequate informed consent.
What Is the Average Value of an ENT Malpractice Lawsuit?
The average settlement value for a medical malpractice lawsuit in the U.S. is somewhere between $300,000 to $380,000. The median value of a medical malpractice settlement is $250,000. The average jury verdict in a malpractice case is just over $1 million. The value of an individual case will vary greatly depending on what state it is in and the severity of the plaintiff’s injuries.
ENT Malpractice Settlement Amounts and Jury Payouts
The key factor in determining a settlement amount is the ability to prove that the ENT doctor breached the standard of care. The standard of care refers to the level of skill and diligence that a competent ENT specialist would provide in similar circumstances.
For example, if a procedure was performed incorrectly, such as improper instrument use during sinus surgery or failure to diagnose throat cancer in a timely manner, an expert witness in ENT would need to testify that the doctor’s care fell below accepted practices. Without clear evidence of negligence, the settlement value diminishes, as the defense can more convincingly argue that complications were inherent risks of the procedure, or whatever the defense might be, rather than preventable errors.
Attorneys assess past verdicts in similar ENT cases to estimate a likely award range, using this data to negotiate a settlement that approximates what a jury might award without the unpredictability of a trial. Below are summaries of recently reported verdicts and settlements of malpractice cases against ENTs. These cases are summarized for informational purposes only and should not be relied on to value your individual case.
- 2024 – Texas $530,709: The child presented to defendant otolaryngologist for continued ear infections and concerns of hearing loss. The defendant performed a bilateral myringotomy with tubes but the plaintiff continued to have hearing loss in the left ear. The next year the defendant removed the tube from the left ear, the plaintiff still had hearing loss, and a CT scan revealed a left-sided cholesteatoma, which was ultimately removed through surgery. The ENT malpractice lawsuit alleged that the defendant was negligent in failing to properly diagnose and treat the cholesteatoma.
- 2023 – Indiana – $259,375: The plaintiff underwent a total thyroidectomy under the care of the defendant otolaryngologist. The defendant told her that the thyroidectomy was her only treatment option and she would have to take hormones for the rest of her life. The lawsuit alleged that the thyroidectomy was unnecessary and that there was an alternative treatment option that the defendant should have recommended. The lawsuit also alleged that the defendant botched the surgery and damaged her vocal cords.
- 2022 – California $275,000: The plaintiff, a woman in her 60s, alleged that the defendant ENT doctor improperly placed phenol solution in her right ear. The plaintiff allegedly suffered cauterization of her ear canal and conchal bowl, perforation of her tympanic membrane, and partial hearing loss. She did not return to work for a period of time. She hired an ENT malpractice lawyer who filed a lawsuit alleging the doctor negligently placed phenol in the ear and failed to ensure that the liquid inserted in her ear was oil, not phenol solution.
- 2017 – New Jersey $4.2 million: 2-year old patient underwent a tonsillectomy after which he began to exhibit breathing difficulties. The ENT who performed the surgery initially decided not to intubate and by the time the intubation was performed permanent brain damage had been suffered. The jury awarded $4.2 million and found ENT was primarily at fault.
- 2017 New York $1.1 million: in this ENT surgical error case the defendant ENT allegedly used excessive force while performing endoscopic sinus surgery. Plaintiff suffered permanent loss of smell and required additional corrective surgery. The jury found that the surgery was performed correctly but that the ENT’s post-operative care was negligent. Damages of $1.1 million were awarded.
- 2017 Massachusetts $1.3 million: this confidential settlement was based on allegations that the defendant ENT failed to timely diagnose patient’s larynx cancer.
Contact Miller & Zois About an ENT Malpractice Lawsuit
If you think you may have a malpractice case against an ENT doctor, contact us for a free case evaluation. Call us at 800-553-8082 or click here for a free online consultation.