Cleft Lip and Cleft Palate Surgery: Malpractice Litigation Outcomes

Area of Science:

• Medical Malpractice Law
• Surgical Outcomes Research
• Pediatric Surgery

Background:

• Cleft lip and palate surgeries are common procedures.
• Litigation surrounding these surgeries is not well-documented.

Purpose of the Study:

• To analyze malpractice claims concerning cleft lip and palate surgery.
• To identify common allegations, injuries, and financial outcomes in these cases.

Main Methods:

• A comprehensive search of the WestlawNext legal database was conducted.
• Cases involving surgical repair of cleft lip or palate were included.
• Data on patient demographics, surgical type, allegations, injuries, and outcomes were extracted.

Main Results:

• Twelve unique malpractice cases from 1981-2006 were identified.
• Cleft palate repair was the most frequently litigated surgery (50%).
• Postoperative negligent supervision (42%) led to payouts averaging $3,126,032; death and brain injury were the most common outcomes.

Conclusions:

• Malpractice litigation in cleft lip and palate surgery is infrequent.
• Significant financial awards are associated with perioperative brain injuries.