The recurrent laryngeal nerve and medical malpractice during thyroid surgery

Medical malpractice litigation for recurrent laryngeal nerve (RLN) injury is relatively rare. The key issues revolve around the use of nerve monitoring, adequacy of postoperative monitoring, and adequacy of consent. It is apparent that the surgeon and surgical facility do an adequate number of procedures to keep complications low and successful surgery high. Consent should be obtained in a thoughtful manner and be adequately recorded in the medical record, preferably in writing. Postoperative monitoring must be adequate to determine the safe time for discharging the patient, and the patient and caregivers must have good postoperative teaching and clear instructions as to where to bring the patient if postoperative complications or questions arise.