Tag Archives | lawsuit

Litigation In the National Health Service for Oral and Maxillofacial Surgery

An article appears in the British Journal of Oral and Maxillofacial Surgery titled “Litigation in National Health Service oral and maxillofacial surgery: review of the last 15 years,” by A. Gulati et. al. (50, pages 385-388, 2012). The authors state: “Published data regarding litigation in other surgical specialties are plentiful, but to our knowledge there is little detailed analysis of claims within the specialty of oral and maxillofacial surgery (OMFS) despite information being freely available from the NHS Litigation Authority (NHSLA) under the Freedom of Information Act.” The authors used data from April 1995 to August 2010 from the NHSLA. A total of 318 claims were registered during this 15 years. Claims have been increasing in recent years. Of these claims 253 were closed. A total of 137 claims (54%) resulted in compensation with the rest not being successful. The authors state: “Claims were made most commonly for perceived unnecessary pain postoperatively (generally not compensated), dentoalveolar damage (to adjacent tooth or removal of the wrong tooth), neurological deficit, or soft tissue injury.” The findings were that “The total amount of compensation for OMFS claims was £5 162 637; the mean successful claim was £36 488.” The authors further state in […]

Continue Reading 0

Defense Expenses and their role in Medical Malpractice Claims

An interesting article titled “The Impact of Defense Expenses in Medical Malpractice Claims” written by Aaron E. Carroll, Parul Divya Parikh, and Jennifer L. Buddenbaum appears in the Spring 2012 issue of the The Journal of Law, Medicine & Ethics (vol. 40, issue 1, pages 135-142). The authors state “Multiple factors go into the determination of medical professional liability insurance premiums including return on investments, reinsurance costs, claims frequency, average amount paid out on malpractice claims, defense expenses, and administrative costs such as underwriting expense. These factors all interact with each other and, in general, evidence exists that each of these factors has played a role in the escalating cost of medical professional liability insurance.” The authors go on to describe tort reform efforts and state “These reform efforts include caps on damages, abolition of punitive damages, eliminating mandatory prejudgment interest, and modifications of the common law collateral source offset rule. From an insurer’s perspective, however, it is important to remember that payments related to the damages awarded are not the only factor that determines premiums; reform efforts may be missing the mark and perhaps should be focused on also controlling these other factors.” I have discussed tort reform issues such […]

Continue Reading 0

Free Speech Rights For Patients Online

An interesting article appears over on drbicuspid.com over at http://www.drbicuspid.com/index.aspx?sec=sup&sub=pmt&pag=dis&ItemID=309247 titled “Lawsuit claims dentist stifled patients’ free speech rights” by Donna Domino and posted on Dec. 1 2011. A discussion is made of a New York dentist and a class action lawsuit that was filed in late November. The complaint was filed by the Public Citizen Litigation Group. In the case a patient went to the New York dentist and signed an agreement by Medical Justice  in which the patient agreed not to denigrate or disparage the dentist on the Internet or other broadcast media. The patient went to the dentist because of a sore tooth and was charged $4,766 for two office visits. The patient says the insurance claim was sent to the wrong insurance company and was 25 times the going rate. The patient requested his records so he could submit the claim by himself but was told he would have to go to a third party who would charge 5% of the total bill just for copying the records. This led the patient to get frustrated and posted negative ratings of the dentist on Yelp and DoctorBase. This prompted the dentist to demand the comments to be […]

Continue Reading 0

How to Improve Your Chances to Win a Dental Malpractice Lawsuit

Tom over at OralAnswers has previously written a post on how to win a dental malpractice suit http://www.oralanswers.com/2010/07/sue-your-dentist-and-win-malpractice-lawsuit/ I also discuss on my U.S. Legal System and Medical Malpractice page http://www.teethremoval.com/legal_system_medical_malpractice the 4 elements you must prove to have a chance at winning a malpractice suit. (1) the doctor to provide a standard of care to patients in the locality where the treatment occured (legal duty) (2) the doctor breached that standard of care (3) an injury causing damages (4) the breach of the standard of care was the proximate cause of the injury. Now as is quite clear on my site I disagree with the current ‘standard of care’ of removing healthy wisdom teeth in young healthy patients in the U.S. This is not the standard of care in the U.K. I wanted to touch on an additional element in this post to help improve your chances of winning a dental malpractice lawsuit due to the aggressive tactics employed by dentists, oral surgeons, and their staff to prevent lawsuits. As indicated on my complications page, my personal experience, and doing additional research on Yelp of wisdom teeth extraction oral surgeon reviews, it is quite clear that patients who experience symptoms and complications […]

Continue Reading 0

Legal Standpoint of Oral Surgery Complications

As I have written on my website, I disagree with wisdom teeth removal from a legal standpoint (in addition to scientific). Essentially what I argue is that if you have your wisdom teeth extracted and suffer a complication that is not one of the better known you may not recover any money and be left with the pain, suffering, and loss of earnings for the rest of your life. A recent oral surgeon lawsuit after wisdom teeth removal helps reaffirm my previous remarks.  The article states that Cynthia Thompson sued Dr Princell because he did not disclose all the risks of surgery and she suffered a neurological syndrome (specifically a damaged inferior alveolar nerve) as a result of the wisdom teeth removal. “During the trial, 3 oral surgeons told the court that they knew little about the causes of the neuropathic pain syndrome and its association with extraction of wisdom teeth, according to court documents.” This case occurred in the state of Georgia. Hence due to the complication of nerve damage occurring to Cynthia and the fact that the only risks that need to be disclosed before oral surgery are the most common ones (of which I have previously discussed […]

Continue Reading 0

Powered by WordPress. Designed by Woo Themes