An analysis of pediatric retinoblastoma medical malpractice litigation

Retinoblastoma is a cancer of the retina that is most commonly diagnosed in the pediatric population. Unfortunately, this cancer can spread, leading to poor outcomes such as enucleation. The purpose of this study was to determine the characteristics of medical malpractice litigation associated with a diagnosis of retinoblastoma in the pediatric population.

A search for all available cases associated with "retinoblastoma" in the Westlaw Campus Research Legal Database was conducted. This spanned from database inception to August 2023. Cases were included if there was a complaint of medical malpractice related to retinoblastoma present in a pediatric patient. Demographic information for each patient was collected. The specialty of the defendant(s), state where the case took place, and case outcomes were also determined.

Thirteen cases with a total of 14 patients were analyzed. One case included two siblings who were both diagnosed with retinoblastoma. The majority of the patients were female (N = 10, 71.4%) and all patients were alive at the time of trial. Three of the cases were initiated because an obstetrician-gynecologist/reproductive endocrinologist or ophthalmologist failed to tell a parent about the genetic risks associated with a family history of retinoblastoma. Specialties of the defendant(s) most frequently involved pediatrics (N = 5, 38.4%) and family medicine (N = 4, 30.8%).

Failure to diagnose retinoblastoma represents the most common context in which malpractice litigation arises in pediatric patients. However, few cases were identified in this study, which may be due to the settlement of these cases out of court. Although retinoblastoma is a condition primarily diagnosed in the pediatric population, our analysis shows that many different specialties are potentially involved during litigation. This highlights the importance of retinoblastoma education and screening across multiple specialties.