Quality improvement lessons from Canadian thyroid and parathyroid surgery legal decisions.

BACKGROUND: This is the first study of Canadian thyroid and parathyroid surgery legal decisions, and the first study of surgical malpractice using the Canadian Legal Information Institute (CanLII) database. The objective was to identify quality improvement opportunities in surgical practice, to increase patient safety and satisfaction. METHODS: Legal decisions relating to thyroid and parathyroid surgery in the CanLII database were screened. Cases were included if a surgeon was listed as applicant or respondent; they related to pre-, intra-, or post-operative management of thyroid or parathyroid disease; and malpractice was alleged. Cases were excluded if surgery was mentioned incidentally or for non-surgical focus. RESULTS: Of the 347 unique legal decisions screened, 14 met inclusion and exclusion criteria. Surgeries occurred between 1976 and 2012, with 13 thyroid surgeries, 1 parathyroidectomy, and 4 mortalities. CONCLUSIONS: Quality improvement lessons include communication, pre-operative patient education and documentation of risks discussed, and in-person assessment of complications.

Medico legal aspects on neuromonitoring in thyroid surgery: informed consent on malpractice claims.

AIM: The purpose of this paper is to provide a forensic profile framework of neuromonitoring in thyroid surgery, regarding the information given to the patient and its classification as part of professional liability in the event of recurrent injury. METHOD: Evaluation and reflections on the required behaviour of the surgeon on providing details on the operation before the informed consent is given and to outline the possible legal implications regarding professional liability as a result of recurrent injury. In particular, if it is an obligation to inform the patient about using this method and if it is possible for the surgeon to freely choose whether to employ this method, which is still burdened by a certain percentage of error and for that reason it cannot be defined a "standard of care". RESULTS: To recognize neuromonitoring the role of standard of care in surgery of the thyroid means attribute a role of method able to avoid the surgeon to cause iatrogenic damage to the laryngeal nerve. For the foregoing reasons that is not true, determining false positives and false negatives, and this can be a double edged sword for the surgeon. CONCLUSIONS: Although the progress in the field of thyroid surgery made in the last decade, currently there is no scientific reassuring evidence to completely avoid the possibility of producing an iatrogenic lesion of the laryngeal nerve. Information given to the patient prior to surgery should respect the requirements of completeness, freedom and honesty in order to allow the patient to self-determination.

Litigation in thyroid surgery in England.

Thyroid surgery has the potential for significant life-changing postoperative complications. Since 1995, the NHS Litigation Authority has handled litigation claims in England. This article reviews all thyroid surgery litigation claims between 1995 and 2012 and looks at potential strategies to minimize future claims.

[Vocal cord paralysis after thyroid surgery : Current medicolegal aspects of intraoperative neuromonitoring]. / Stimmlippenparesen nach Schilddrüsenoperationen : Aktuelle medikolegale Aspekte des intraoperativen Neuromonitorings.

Intraoperative neuromonitoring (IONM) has been commercially available for approximately 15 years and is highly predictive in thyroid gland surgery concerning either postoperative vocal fold mobility in the case of an intact signal for muscle action electromyogram (EMG, > 99 % right negative) or vocal fold dysfunction in the case of loss of signal (> 70 % right positive). The use of IONM improves the intraoperative identification of recurrent laryngeal nerve function and due to the high predictive value with respect to the expected vocal cord function the result of IONM has to be integrated into the surgical concept of thyroidectomy. Unilateral loss of function of the recurrent laryngeal nerve cannot be completely avoided despite correct application of IONM; however, bilateral vocal fold palsy can be safely avoided when contralateral surgery is cancelled after a loss of signal occurs during resection of the first side in planned bilateral surgery (alternative strategy). Patients have to be informed preoperatively about the limitations of IONM and potential strategy changes during planned bilateral surgery. Surgeons should apply IONM according to the published current recommendations and by selecting a risk-oriented intraoperative strategy in the case of loss of signal from the recurrent laryngeal nerve.

Ethical and medicolegal issues in neuromonitoring during thyroid and parathyroid surgery: a review of the recent literature.

PURPOSE OF REVIEW: Neuromonitoring of the recurrent laryngeal nerve is increasingly utilized in thyroid and parathyroid surgery. Many studies have examined this practice with respect to rates of nerve injury. We have reviewed this literature with specific focus on ethical and medicolegal issues. RECENT FINDINGS: The preponderance of data fail to show that neuromonitoring significantly reduces the rates of nerve injury in thyroid and parathyroid surgery. However, potential benefits can nevertheless be identified for patients in predicting nerve injuries and reducing risks of bilateral recurrent laryngeal nerve injury. The primary ethical and medicolegal issues raised by neuromonitoring relate to setting high expectations of unproven benefit and not utilizing the technology to gain the most information for patient care decision making. SUMMARY: Neuromonitoring can provide valuable information to surgeons about the functioning of the recurrent laryngeal nerve and external branch of the superior laryngeal nerve. Surgeons should follow guidelines for optimal use of neuromonitoring but should not overestimate the benefits of neuromonitoring when discussing the technology with patients.