Medicolegal implications of surgical errors and complications in neck surgery: a review based on the Italian current legislation

Aim of the present paper is the review of the principal
complications associated to endocrine neck surgery
considering how expertise, full adoption of guidelines,
appropriate technology and proper informed consent may
limit the medicolegal claims at the light of the incoming
new regulation of the medical professional legal responsibility.
A literature search, using the Medline/PubMed
database for full-length papers, was used. Postoperative
recurrent laryngeal nerve (RLN) palsy and hypoparathyroidism
remain the principal causes of surgical malpractice
claims . In the procedure of neck lymphadenctomy
intra-operative haemorrhage, thoracic duct injury, injuries
to loco-regional nerves can be observed and can be
source of claims. After many years of increased medicolegal
litigations, the Italian government is proposing a
drastic change in the regulations of supposed medical
malpractice in order to guarantee the patient’s right to a
safe treatment and in the meantime to defend clinicians
from often unmotivated and prejudicial legal cases.
Surgical errors and complications in neck surgery are a
relevant clinical issue. Only the combination of surgicaland clinical expertise, application of guidelines, appropriate
technology and a routinely use of specific informed
consent can contain potential medicolegal implications.