Tag Archives | legal system

Improving Patient Safety: Updates on Oral and Maxillofacial Surgery

In a recent blog post I discussed how a few new videos have appeared in recent months related to oral and maxillofacial surgery Videos Related to Oral and Maxillofacial Surgery. The American Association of Oral and Maxillofacial Surgeons (AAOMS) has also updated several sections of their website in the last year or so. They now have a section titled Orthodontics and Oral Surgery where they have videos related to showcasing various techniques that oral and maxillofacial surgeons and orthodontists perform. In addition they have updated and written a new page titled “Culture of Safety“. The page is a welcome addition and discusses how safety is the number one priority in the oral and maxillofacial surgery office. Now I wanted to take a moment to respond to this page and some other developments I have seen lately across the blogosphere. 1) The first point to address relates to the issue of safety versus appropriate treatment. Much of the of the motivation for my website was based on the fact that it was never discussed to me back in 2006 that no scientific evidence supported or refuted third molar extraction. In addition, many of the complications that can occur from wisdom teeth […]

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Should There Be a Direct-to-Consumer Pharmaceutical Advertising Ban

An interesting article is written by Lia Mulligan titled “You Can’t Say That on Television: Constitutional Analysis of a Direct-to-Consumer Pharmaceutical Advertising Ban,” which appeared in the 2011 issue of the American Journal of Law and Medicine (vol. 37, pages 444-467). In the article it is mentioned that the average american will watch around 16 hours of pharmaceutical advertisements on TV a year. As mentioned I believe before on this blog the U.S. and New Zealand are the only 2 countries in the world that even allow direct to consumer pharmaceutical advertising (DTCA). I personally do not like this type of advertising and neither do some of my friends. We often make fun of the advertisements when they come on TV as they sometimes can be quite silly. The article mentions in 1969 when the FDA first issued regulations for DTCA there were four main principles that had to be followed truthful information that does not mislead the public in any way a balance of both risks and benefits of the advertised product relevant, material information about the product that relates to its intended uses every risk associated with the advertised product’s use As you can imagine every risk associated […]

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Potential Alternatives to the Current Medico-Legal System in the United States

On my site I discuss numerous issues with the current legal system and how this relates to the medical system with a focus on third molar (wisdom teeth) removal. See http://www.teethremoval.com/legal_system_medical_malpractice, http://www.teethremoval.com/legal_standpoint.html, and http://www.teethremoval.com/dental_malpractice.html. One issue is that there are a host of different damage caps (non-economic ‘pain and suffering’ awards) in different states throughout the United States. This can sometimes limit the amount a patient can receive even if there was gross negligence by the dentist or oral surgeon. Hence this can prevent fair compensation from being awarded. Another issue with the legal system is that sometimes when patients suffer complications and problems due to negligence they will not be able to sue due to the case not being able to get a very large settlement amount. In addition, these legal cases can drag on for years and years and take a toll on the health of the patient and the doctor. Unlike in the airline industry for pilots, doctors don’t have their own skin in the game so to speak. If a pilot crashes a plane then the pilot may be seriously injured or even die along with the passengers. When a doctor performs a poor surgery that […]

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The War on Healthcare: Patients Who Hate Doctors

Dr. Maurice Bernstein on his Bioethics Discussion Blog has an interesting discussion going on about people who hate doctors and their reasons. Reading through the large number of responses located at http://bioethicsdiscussion.blogspot.com/2005/06/i-hate-doctors.html , a common theme emerges: those who are well educated and particularly those with a PhD really hate those with an MD degree. This is no surprise to me as the current American healthcare system pits patients vs. doctors in a battle. Here a few snippets from the comments: 1 of the comments: “I hate arrogant, sadistic, amoral, money-grubbing scumbags, and unfortunately, it seems far too many of these types have weaseled their way into the medical profession. I am one of the millions of people with chronic pain in this country who is at the “mercy” of the American medical profession, and thus cannot get my pain treated.” Another comment snippet: “Yes it is true, WAKE UP AMERICA…!! THERE ARE MORE DEATHS IN THE US EVERY YEAR, DUE TO “MEDICINE” & DOCTORS…THAN IN ANY WAR GOING ON!! THAT is why people “hate” “Dr.s”…becuase they are Killing people!!! They & the AMA are also arrogant, narrow minded & dumb. To think that drugs & only drugs are going […]

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