Malpractice claims related to recurrent laryngeal nerve injury: Forensic remarks regarding 15 cases

Abstract

Malpractice claims concerning recurrent laryngeal nerve (RLN) injuries are often related to thyroid surgery, but they can also involve surgeons of different specialties. Our survey was made considering expert opinions on claims for medical malpractice evaluated at Brescia Institute of Forensic Medicine in Italy during the period 1992–2012. Fifteen cases concerned RLN injury. Malpractice was identified in 10 cases, according to the following conditions: low pre and intra-operative risk of nerve injury, no documentation showing that the nerve was isolated and preserved despite the existence of potential risk factors. An accurate, well written and complete surgical report is the main tool for the expert examination in malpractice claims.

Keywords

• Recurrent laryngeal nerve injury
• Medical malpractice
• Professional liability
• Surgical reports
• Expert opinion