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February 2012 TOPIC: THYROID CANCER INCREASE IN FEMALES
Recent news and television reports have indicated that there has been an increase in thyroid cancer in females over the last five to ten years.
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February 2012 Man Claims Dentist Didn't Properly Fabricate and Install Bridges and Performed Unnecessary Root Canals - Defendant Claims Plaintiffs Problems Were From Subsequent Treatment and Poor Dental Hygiene
Defense Verdict
January 2012 TOPIC: DENTAL DEVICES-FDA APPROVAL
New technology and research has created many opportunities for dentists to treat their patients in a more effective and efficient manner. Over the past few years we have seen an increase in devices introduced into the dental market place to achieve better treatment outcomes and give patients alternatives that were not previously available. Unfortunately there has also been the marketing of devices with questionable or unproven therapeutic or diagnostic value.
January 2012 Nerve Injury Following Root Canal
$150,000 Settlement
December 2011 Woman Claims Injury to Inferior Alveolar Nerve From Injection
Defense Verdict
December 2011 TOPIC: FICTITIOUS OR ASSUMED NAMES
There are many State Boards of Dentistry that have rules and regulations about the use of fictitious or assumed names for dentists and dental practices. Recently it has come to light that there are dentists using an assumed or fictitious name in promoting, advertising or identifying themselves to the public. Dentists are required to only use the name on their license on all advertising and material identifying themselves to the public.
November 2011 Young Man Claims Occlusal Adjustments Were Unnecessary and Caused Joint Problems
Defense Verdict
November 2011 NSDP Risk Management Newsletter - Volume 26. No. 4
First, a few words about the subject of Vicarious Liability. It is defined as substituting an innocent party liable to an individual injured by the negligence of another. The party that committed the negligent act may be declared free of liability. Vicarious Liability may play a major rule in assigning liability in partnership dental practice.
October 2011 Failure to Perform Extraction of Wisdom Teeth in Hospital for Woman With Congestive Heart Failure and on Waiting List for Heart Transplant - Death
Confidential Settlement With Hospital and Directed Verdict for Dentist
October 2011 TOPIC: DISASTER PLANNING
The recent floods in the Northeast and fires in the Southwest have affected many people including dentists and their offices. The protection and security of patient records is only one concern at the time of a natural disaster but careful planning can help ease some of this burden. Every situation is different but some basics of an action plan are essential.
September 2011 Aveolar Nerve Damage Follows Wisdom Tooth Extraction
Defense Verdict.
August 2011 NSDP Risk Management Newsletter - Volume 26. No. 3
Dr. Brown decides to retire from practice. He finds a buyer of his practice, Dr. Greene. In addition to selling his equipment and supplies, and for Dr. Greene to assume his office lease, Dr. Greene agrees to purchase Dr. Brown practice by turning over his active patient list and their records. He also agrees to send a letter to each of his active patients informing them of his decision to retire. Included in the letter he recommends that his patients continue their care with Dr. Greene, to whom he will transfer their records unless they wish a copy be sent to another dentist or themselves. All goes well, and Dr. Greene now has all the original records of the active patients treated by Dr. Brown, except those that were sent to other dentists or directly to the patients themselves.
August 2011 Tooth Unsuccessfully Extracted, Causing Infection - Hospitalization Required
Defense Verdict.
July 2011 Lumineers Don't Work for Woman - Crown Work Also Has to be Redone
Defense Verdict.
June 2011 UPDATE: Anticoagulant, Antiplatelet Medications and Dental Procedures
There have been very recent reports in dental publications that the discontinuation or change in anticoagulation or antiplatelet medications prior to invasive dental procedures is not indicated. Reported evidence based research indicates that there is no increased risk of a bleeding incident associated with continued regular dosing of these medications.
June 2011 Placement of Veneers Allegedly Not Properly Performed
Defense Verdict.
May 2011 Consent for the Use of Fosamax
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May 2011 Woman Claims Extractions Performed Without Consent
Defense Verdict.
May 2011 Fosamax de Consentimiento Informado - Spanish
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May 2011 NSDP Risk Management Newsletter - Volume 26. No. 2
In the previous issue of this Newsletter, the article, The Statute of Repose, appeared. In this issue of the Newsletter, a report of a dental malpractice case was decided by a court in Michigan in which the Statute of Repose played an important part as did fraudulent concealment. The problem with our reporting the case at this time is that the only article that appeared in the Newsletter with fraudulent concealment was written in Volume 16, No. 1 10 years ago. To fully understand the decision in the Michigan case, I believe it is necessary to reprint the original fraudulent concealment article. Many new members of the National Society of Dental Practitioners never had the opportunity to read the Newsletter published 10 years ago, and for those original members, the reprint of the article will serve as a refresher. And so, here it is in its entirety. I will include the report of the Michigan Case in the next issue of the Newsletter.
April 2011 Placement of Bridge Blamed for Pain
Defense Verdict
April 2011 Medicaid Update
There have been several reports recently about State Medicaid offices demanding refunds of fees and other regulatory actions against participating dental providers. These actions are, in many instances, retroactive for several years. It appears that this activity is due, in part, to the economic problems that many state agencies are facing.
March 2011 Improper Placement of Endosseous Implants
Defense Verdict
February 2011 Topic: FDA Announces Warning About Use Of Dental Products From RITE-DENT Corporation
On January 13, 2011, the FDA announced that it had seized all dental devices and materials manufactured by Rite-Dent Manufacturing Corporation located in Hialeah, Florida.
February 2011 Updated Premedication Guidelines From AHA For Patients With Cardiovascular Implantable Electronic Devices
The American Heart Association has issued updated premedication guidelines as part of a scientific statement on cardiovascular implantable electronic device infections and their management. The statement was published in the AHA 2010 issue of irculationand then summarized in the February, 2011 Journal of the American Dental Association.
February 2011 NSDP Risk Management Newsletter - Volume 26. No. 1
There comes a time in every dental practice when it is in the best interest of both the patient and the dentist that the dentist end the doctor-patient relationship despite the fact that the patient wishes to continue the relationship and the treatment has not been completed. It is not enough to instruct the staff to refuse to give the patient an appointment, or even to tell the patient that you no longer wish to continue their care. There are specific legal rules on how to go about discontinuing care of a patient without running the risk of abandoning the patient. This article will provide you with the rules and apply them to office practice. But first some fundamental introductory information about the doctor-patient relationship.
February 2011 Topic: Risks Associated with Acetaminophen Containing Medications
In April, 2010, the FDA revised the warning label for over the counter products containing acetaminophen due to concerns about increasing numbers of reports of liver toxicity connected with over medication. It is therefore important for dentists to be very careful when dispensing, recommending or prescribing any medication containing acetaminophen.
February 2011 Mandibular Block Injection Allegedly Injures Lingual Nerve - Loss of Taste and Numbness of Tongue
Defense Verdict.
January 2011 Extraction of Two Teeth Lead to Dry Socket and Infection
Defense Verdict.
December 2010 Failure to Take X-Rays Prior to Beginning Treatment for Gap Between Front Teeth - Bone Loss Causes Loss of Seven Teeth
$138,000 Verdict
November 2010 Topic: Revised CPR Guidelines
The American Heart Association has announced revised CPR guidelines. Under the revised guidelines chest compressions should start immediately, 30 compressions and then two breaths. The compressions should be at the rate of 100 per minute and the compressions should be at least two inches. The new guidelines indicate that the first thing to do is shake the victim to be sure that they are unconscious and then check for a heart beat. If no heart beat call 911 and then use an AED if available, if not then start chest compressions immediately. If breaths are not possible for any reason continue chest compressions until emergency squad arrives. It is strongly suggested that all office staff be retrained using the new guidelines.
November 2010 Sinus Infection Follows Septoplasty
$450,000 Verdict
November 2010 NSDP Risk Management Newsletter - Volume 25, No. 4
It can be so inviting, simple to do and who would know? Let us begin with a hypothetical case. A patient claims that she was never informed that during the process of root canal treatment, the tip of an instrument broke and was left by the dentist, Dr. A, to remain in the canal. When the treatment was completed, at her last visit she inquired of the dentist if all went well during the procedure. In his answer he did not inform the patient of the untoward event the fracture of an instrument tip that he was unable to remove from the canal. Several years later the patient was under treatment by another dentist. She complained of pain and discomfort in the area of the root canal tooth, and was informed of the remaining instrument tip and the services required to correct the problem. On discovery, she sued her former dentist, Dr. A, for malpractice and fraudulent concealment, both within the respective statute of limitations. When Dr. A received the suit papers and the request for his records, on their review he entered a note on a blank space on the record, atient informed of the fractured instrument tip ....If this alteration is discovered there will be no defense of the claim. What follows are three cases of altered records. In all three what the defendant dentist did was similar to the actions in the hypothetical case described above. Also, the same malpractice insurance company was involved in cases 1 and 2, fictionalized for the purpose of this article as Company ABC.
October 2010 Topic: Temporomandibular Disorders
The diagnosis and treatment of temporomandibular disorders (TMDs) has been an issue of debate amongst dental professionals for many years. In March of this year the American Association of Dental Research Council approved and issued a revision of its 1996 policy statement on TMDs. This revised statement could be used in determining the appropriateness of diagnosis and treatment of TMD in disputed cases.
October 2010 Topic: New EPA Mercury Guideline/Rule
The EPA has announced that it is initiating a guideline rulemaking process for dental facilities to reduce discharges of mercury into the environment. It will focus on the technology of amalgam separators. The EPA will propose the rule in 2011 and finalize it in 2012
October 2010 Topic: Patient Burns Associated with Electric Handpieces
On September 23, 2010 the Federal Drug Administration (FDA) issued an updated warning concerning patient burns associated with electric dental handpieces and electric bone-cutting handpieces.
October 2010 Failure to Refer Man With Lesions in Mouth for Biopsy of Lesions - Oral Cancer
$500,000 Settlement
September 2010 Failure to Immediately Perform Biopsy for Oral Lesion - Squamous Cell Cancer Diagnosed at Stage IV
$500,000 Settlement.
September 2010 NSDP Risk Management Newsletter - Volume 25, No. 3
Decisions of appellate courts set precedent law, and for physicians and dentists they establish standards of care for the professions. These "old" decisions of appellate courts are of major importance to dentists. When recent decisions are made by lower or jury trials they do not establish precedent law that contributes to establish standards of care for the profession. To give dentists some insight into what happens at jury trials, if a case is decided by a lower court that does not follow the decision and opinion of an appellate court in the jurisdiction, and the case is appealed the decision of the lower court will be reversed. But if the lower court decision is not appealed the decision of the lower court will stand, even if its decision is opposed to the decision of the appellate court. So, the recent cases, most of which follow precedent law add nothing to the standards of care to which dentists are held. The rule for lower courts to follow decisions of appellate courts in their jurisdiction is called "Stare Decisis."
August 2010 Injury to Inferior Alveolar Nerve During Endodontic Surgery
$275,000 Verdict.
July 2010 Woman Claims Dentist Failed to Properly Treat Teeth, Resulting in Pulp Necrosis.
$70,000 Settlement.
June 2010 FTC Red Flags Rule: June 2010 Update
At the request of several Members of Congress, the Federal Trade Commission is further delaying enforcement of the ed FlagsRule through December 31, 2010, while Congress considers legislation that would affect the scope of entities covered by the Rule.
June 2010 NSDP Risk Management Newsletter - Volume 25, No. 2
Should You, in Your Role of a Dentist, Render Assistance to an Injured Person at the Scene of an Accident? 1) Are you required to? No, except (see below). 2) Morally? You should. 3) Legally? There are some risks if you do or don. 1) Are you required to? American tort law has rarely, if ever, recognized or imposed a duty obligating citizens to render emergency assistance to others, even when doing so would create little or no risk for the volunteer. Only Vermont and Minnesota. require a person to render emergency assistance.
June 2010 Wrong Tooth Extracted - Trigeminal Neuropathy
$20,000 Verdict
May 2010 Man Suffers Cardiac Arrest After Administration of Conscious Sedation for Extraction and Implant Procedure - Death
Confidential Settlement.
April 2010 Woman Swallows File During Root Canal, Necessitating Surgical Removal From Stomach
Failure to Use Rubber Dam in Mouth Alleged - $24,491 Gross Verdict.
April 2010 Topic: More on Oral Soft Tissue Lesions
The incidence of oral squamous cell carcinoma has been increasing in persons under 40 years old as well as among young females.
April 2010 Topic: Bisphosphonate - Osteonecrosis
Oral bisphosphonate induced osteonecrosis of the jaw (ONJ) is a real condition that is seen far less frequently than ONJ related to intravenous bisphosphonate therapy.
March 2010 Failure to Perform X-Rays Before Replacing Partial Denture With Fixed Bridge
Woman Claims Jaw Problems Excluded Her as Candidate for Bridge - $196,900 Verdict After Defendant Admits Liability.
February 2010 Woman Claims Teeth Pulled Without Consent
The plaintiff, age twenty-five, chipped an upper front tooth and went to ABC Dental Clinic for treatment. The plaintiff claimed that she was advised to have three teeth extracted and a partial upper denture placed.
February 2010 Topic: Dental Cremes
There have been several reports over the last two years of neurologic problems associated with the use of Zinc containing denture pastes such as Super Poligrip and Fixodent. On Thursday, February 18, 2010 GlaxoSmithKline announced that they were stopping sales and production of three versions of Poligrip but did not issue a recall.
January 2010 Oral Cancer in Women Rising
The Oral Cancer Foundation has recently reported that the numbers of oral cancers diagnosed each year are rising. Oral cancer has historically been primarily a male disease with six males affected for every female. However that ratio has changed over the past number of years to two males for every female diagnosed.
January 2010 NSDP Risk Management Newsletter - Volume 25, No. 1
Introducing Margaret Surowka Rossi, J.D. At the last meeting of the Board of Directors of the National Society of Dental Practitioners, Ms. Rossi was elected to membership. Her membership on the Board and the National Society of Dental Practitioners, and Dentist Advantage is a major step in increasing the risk management services and support we offer our members.
January 2010 Failure to Diagose Squamous Cell Cancer During Nine Months of Dental Treatment -$500,000 Settlement.
The plaintiff, age forty-eight, had not received dental treatment for two years when he went to the defendant with lower right jaw discomfort which was relieved by aspirin
January 2010 Formulario De Registro/Historial Medico-Dental-Spanish
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December 2009 NSDP Risk Management Newsletter - Volume 24, No. 4
How to Find the Law - - We begin with the problem of a dentist wishing to discover if what he plans to do in the treatment of a patient is within the scope of practice of dentistry.
December 2009 Latisse and Ozone Treatments
Two new treatments are being performed in dental offices. Before introducing any new procedures to your office, you should check with your state licensing board to ensure such procedures are within the scope of practice for your state. Moreover, you should research any new procedure that is introduced into your practice to determine the safety and efficacy of its use prior to using it. You should obtain an adequate consent for the use of any new procedures.
December 2009 Arthroplasty and Steroid and Sodium Hyaluronate Injections Used as Treatment for TMJ Symptoms After Sledding Accident - Development of Complex Regional Pain Syndrome and Disfigurement - Jaw Fuses Shut Multiple Times - $14.8 Million Verdict.
The plaintiff alleged negligence in the treatment of her jaw, leading to the chronic pain condition.
November 2009 Nerve Injury During Replacement of Implant - Defense Verdict.
The plaintiff alleged negligence in the preparation for and the performance of the "re-do" implant, leading to nerve injury with permanent numbness.
November 2009 Recent FDA Directives Concerning Botulinum Toxins
On April 30, 2009 the Federal Drug Administration, in response to a citizen petition, issued, and on August 3, 2009 updated, new directives that require holders of Biologic License Applications (BLA) for licensed botulinum toxin products to add wording to all labeling that there is a risk of the spread of the toxin effects from the site of injection.
November 2009 FTC Red Flags Rule-November 2009 Update
Effective November 1, 2008, the United States Federal Trade Commission (FTC) adopted regulatory language requiring various entities, including businesses (which in almost all circumstances includes Dental Practices), not for profit organizations, and governmental units to create policies and procedures to address Detection, Prevention, and Mitigation of identity theft for overed accounts
October 2009 Fractured Maxilla During Tooth Extraction Causes Loss of Tooth Intended to be Anchor for Bridge - Man Claims Lack of Informed Consent - $147,000 Verdict.
The plaintiff claimed that he was not informed of the possibility that his jaw could be fractured during the procedure and maintained that the consent form was signed after the procedure.
September 2009 Failure to Prescribe Antibiotics Prior to Tooth Extraction for Abscess Blamed for Development of Necrotizing Fasciltis and Death Defendant Claims Antibiotics Weren Necessary and Would Not Have Changed Outcome - $2.6 Million Net Verdict.
The plaintiff claimed that the doctor should have prescribed antibiotics prior to the extraction, which would have prevented the development of the necrotizing fasciitis which ultimately caused the death.
September 2009 NSDP Risk Management Newsletter - Volume 24, No. 3
Consent Continued: Treating Minors - - In this issue, the complexities of obtaining a valid consent to the care of minors, and some other related matters will be discussed.
September 2009 New HIPAA Breach Notification Requirements
On August 24, 2009 the U.S. Department of Health and Human Services published new additional sections to the HIPAA regulations.
August 2009 Oral Sedation Record
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August 2009 Conscious Sedation Record
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August 2009 Failure to Properly Diagnose and Treat Periodontal Disease - Woman Loses All of Her Teeth - $165,000 Settlement.
The plaintiff ultimately required the removal of all of her teeth. The plaintiff claimed that the defendant failed to properly diagnose and treat her condition.
August 2009 Post Sedation Instructions
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August 2009 Botox And Facial Fillers (Extra Oral Cosmetic Procedures)
The legality of the cosmetic uses of Botox and Facial Fillers by dentists has been a subject of controversy for the last several years.
August 2009 Consent for Dental Amalgam(s)
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August 2009 FDA Regulation on Dental Amalgam
The U.S. Food and Drug Administration issued a final regulation classifying dental amalgam and its component parts elemental mercury and a powder alloysed in dental fillings.
July 2009 Failure to Diagnose and Treat Tooth Infection Blamed for Need for Emergency Tracheotomy and Extensive Treatment - Defendants Claim Infection Was Not From Original Tooth Infection - $100,000 Verdict Against One Dentist.
The plaintiff alleged that the defendants failed to treat the continuing tooth infection and that if she had been properly treatment, she would not have required surgery.
June 2009 Patient With Sjogren's Syndrome Has Full Mouth Restoration Including Porcelain Crowns - Dentist Improperly Seals Crowns - Confidential Settlement.
The plaintiffs claimed that the defendant did not adequately seal the margins of the crowns and therefore failed to meet the standard of care.
June 2009 Items in the News - Dental Therapist - A New Minnesota "Mid Level" Provider
A new law in MN establishes a Dental Therapist as a new dental care provider.
June 2009 NSDP Risk Management Newsletter - Volume 24, No. 2
A Problem With Partnership Practice
May 2009 News Brief - Building Professional Referral Relationships With Physicians
With periodontal disease and related inflammation linked to heart disease, diabetes, and other ailments, physicians and dentists should be working together, says Richland, Wash.-based dentist Dr. G. Lee Ostler.
May 2009 News Brief - Associateship or Ownership? Taking the Path That's Right for You
Healthcare professionals and dentists often face the decision of whether to remain under the practice of another professional or strike out on their own, but experts caution that the decision should not be made without conducting significant research into the advantages and disadvantages of each option.
May 2009 News Brief - Dental Decor: Once Sterile, Now Cushy
A new trend of spa-like dental practice interior designs illustrates the blurry line between dental and cosmetic work.
May 2009 News Brief - 10 Steps to an Effective Disaster Survival Plan
Research shows that 90 percent of businesses impacted by disasters remain closed for good.
May 2009 Dental Implant Injuries Inferior Alveolar Nerve - $2.6 Million Verdict.
The plaintiff claimed that the implant was not properly fitted, in that it was too long and went through her inferior alveolar nerve.
May 2009 News Brief - Cross-Training
At one orthodontist's office in Georgia, cross-trained workers ensure patients are not kept waiting, the office does not fall behind on paperwork, and workers are not stressed out.
May 2009 News Brief - Informed Consent for Local Anesthesia, Is It Necessary?
With more professionals recommending informed consent for anesthesia mishaps such as unintentional awareness, the dental profession might want to reconsider previous notions that local anesthesia is so benign that informed consent is not ever required.
May 2009 News Brief - Details, Details, Details!
Dentists seeking to buy or sell a practice need to consider several aspects before finalizing a proposal. Prospective buyers need to make sure they have a state license for the new location as well as an appropriate drug license.
May 2009 News Brief - 10 Tips From a Trial Lawyer
Art Curley, speaking at the 1st International Congress on 3-D Dental Imaging, offered these insights into lawsuits and dental practice trials.
May 2009 News Brief - Employment Arbitration to Avoid Costly Litigation
Former chief legal counsel for the American Dental Association Peter M. Sfikas notes that many employers now require employees to agree to arbitrate employment issues such as termination as a condition of their employment, which means that employees dismissed from dental practices would have to file an arbitration complaint under the terms of the arbitration agreement rather than being allowed to file suit against the employer.
May 2009 News Brief - Oral Health Assessment: A Neglected Component of Comprehensive Oral Care
Hospital-acquired pneumonia (HAP), including ventilator-associated pneumonia (VAP), has been recognized as a highly lethal, iatrogenic event.
May 2009 News Brief - Using New Technology to Maximize Practice Potential
Location is an important aspect of starting or purchasing a new dental practice.
May 2009 News Brief - Dental Practice Unveils New Technology
In an Ontario practice, patients are spending less time getting work done, thanks to several new technologies.
May 2009 News Brief - Hygiene Benefits for Patients With Systemic Disease
With the link between oral disease and systemic disease getting attention in the media, insurers are making changes to coverage for preventive care.
May 2009 News Brief - Optimal Software Usage for Hygienists
Numerous software programs are available to help dental hygienists improve productivity.
May 2009 News Brief - The Secret to Success in Dentistry
The key to success in dentistry is to constantly balance the clinical and practice management aspects of your practice.
May 2009 News Brief - The Root Canal of Your Dreams
One of the latest growing trends in modern dentistry is conscious sedation, often known as sleep dentistry.
May 2009 News Brief - Help Patients Make the Most of Their Insurance
Atlanta Dental Consultants President Tom Limoli Jr. writes that "the management of various reimbursement systems and the patient's benefit plan is a simple task if we all follow the path of prosperity rather than that of least resistance," and says patients must agree to be responsible for the complete fee barring insurance considerations.
May 2009 News Brief - Steal Away
To boost their practice, dentists often set up a Web site and hire a company to manage them. However, it is essential to put the domain name on automatic renewal.
May 2009 News Brief - Do You Have the Right Pension Strategy?
The Pension Protection Act of 2006 incited significant changes to retirement planning strategies, particularly among dental practices.
May 2009 News Brief - Building Your Dream Practice
When building a dental practice, equipment purchases are vital to its success, but once a practice is established new products and equipment emerge on the market that could further improve operations.
May 2009 News Brief - Confusion About Codes
Understanding insurance codes - how they are defined and, more importantly, how the procedures should be used - is critical in order to accurately report nonsurgical treatment and assist patients in obtaining maximum insurance reimbursement.
May 2009 News Brief - Raising Fees
Dental insurance plans adopted by dental practices in the 1970s have not changed much in the last three decades, but inflation has increased the costs of laboratory tests and materials practices use. As a result, dental practice overhead skyrocketed from a mere 45 percent of income to nearly three-quarters of a practice's earnings.
May 2009 News Brief - Eliminate the Chaos and Integrate Your Software
A note to dentists: do not resist the tides of change and hang on to paper-based information systems when electronic records are inarguably more efficient.
May 2009 News Brief - Profitability From Excellence: Only One Path
Dentists often have a hard time determining when patients should be referred to specialists and other professionals because they are concerned about their practice's profitability.
May 2009 News Brief - Professional and Civil Liability for Dentists. What's the Difference?
In order to fortify themselves against professional and civil liability suits, dentists need to realize the likenesses and differences between the two.
May 2009 News Brief - Five Steps to Better Practice Management
Consultants Sandy and Alan Richardson offer a five-step process dentists can follow for improving practice management, starting with the creation of a positive emotional experience for the patient by making one's practice patient-centric.
May 2009 News Brief - Section 179: Purchasing Equipment and Reducing Taxes...What You Need to Know Now
Now may be the best time to purchase dental equipment.
May 2009 News Brief - The Wage and Hour Conundrum
Legislation on wage and hour policies continually change, making it important for dentists to stay current with labor laws.
May 2009 News Brief - 4 Proven Laws for Practice Profitability
Paragon Management Associates President Ken Runkle identifies four proven tenets of practice profitability that dentists should consider.
May 2009 News Brief - Noncompete Clauses
Dental associates and those considering buying a practice should be familiar with noncompete agreements, which have increased in popularity during the last 10 years.
May 2009 News Brief - The Right Dental Team Has a Huge Impact on a Practice
Dental practices that invest in books, tapes, dental consultants, marketing programs, expensive technologies, and other things often overlook the most obvious part of a practice's success: the dental team.
May 2009 News Brief - Communicating Treatment Possibilities at the Chair
The chairside dental assistant has a prime opportunity to affirm treatment plans with patients, writes dentistry veteran Debra Engelhardt-Nash.
May 2009 News Brief - Risky Business: Professional Liability Insurance
All dentists need to be informed about their professional liability insurance coverage.
May 2009 News Brief - Getting Those Pearly Yellows Whitened
A growing number of Americans request cosmetic dentistry procedures, which pleases dentists because prices for these procedures are within their purview to set because prices are not reliant upon insurance reimbursement schedules.
May 2009 News Brief - Taking Your Team From Conflict to Chemistry
Leading dental organizations understand the importance of achieving the level of teamwork necessary to excel as a business.
May 2009 News Brief - Risky Business: Referrals -The Risk
To avoid malpractice claims, dentists need a carefully documented referral process in place to ensure disputes can be countered or supported for each patient through office records.
May 2009 News Brief - 'Did I Really Have a Root Canal?'
Sedation dentistry, in which a patient is medicated to a state of semi-consciousness, is an option that more and more dentists in the United States are offering to patients who do not like the prospect of undergoing painful procedures.
April 2009 Root Canal Sealant, Eugenol, Overfilled During Root Canal - Inferior Alveolar Nerve Injury Causes Numbness - $80,709 Verdict in Damages After Defendant Admits Liability.
The plaintiff lip and chin were rendered permanently anesthetized as a result of the incident.
April 2009 NSDP Risk Management Newsletter - Volume 24, No. 1
Transition: From Case Law To Black Letter Law - An Example: The Matter Of Consent
March 2009 Infection Control - Do you have a plan?
Although the risk of infection is lower in the dental office than it is in the hospital environment, infection control protocols in the dental office are still critically important to the safety and well being of patients, dentists and employees.
March 2009 Usability of computer based dental record systems
A recent article published in the Journal of The American Dental Association looked at the usability of dental-based computer record keeping systems of four major software vendors.
March 2009 A Current and Emerging Risk - Antimicrobial agent induced Clostridium difficile
Anytime you prescribe any class of antibiotics be aware there are potential untoward complications, and make certain you discuss these complications with your patient.
March 2009 Failure to Biopsy Sores in Mouth Blamed for Metastasis of Squamous Cell Carcinoma - Death - $180,000 Settlement.
The plaintiff claimed that the defendant was negligent in not performing a biopsy and/or failing to suspect cancer.
February 2009 Improper Placement of Implant During Restorative Treatment - $232,000 Verdict.
The plaintiff alleged negligence by the defendant regarding the placement of the implant which caused the implant to have to be redone.
January 2009 Failure to Diagnose Abscesses in Molars Develops Into Vascular System Strep Infection Which Eventually Required Excision Surgery in Hip - $135,000 Settlement.
The plaintiff required four months of intravenous antibiotic therapy and also required excision surgery to remove necrotic tissue. She produced medical evidence connecting the abscessed molars to the hip infection.
January 2009 Bisphosphonate - Osteonecrosis Warning - UPDATE January 2009
A connection between Fosamax and other bisphosphonates and a serious bone disease called Osteonecrosis of the Jaw (ONJ) has been found.
December 2008 Failure to Biopsy Sores in Mouth Blamed for Metastasis of Squamous Cell Carcinoma - Death - $180,000 Settlement.
The oral surgeon diagnosed a healing ulcer and performed an alveoloplasty (surgical contouring of the alveolar ridges for comfortable denture wear) of the lower right side. No biopsy of the sores was performed or recommended, as the defendant did not suspect cancer.
December 2008 NSDP Risk Management Newsletter - Volume 23, No. 3
The Conspiracy of Silence: How It Changed the Courts Decisions About Expert Witnesses and the Standard of Care
December 2008 General Consent Form
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November 2008 Improper Placement of Implant During Restorative Treatment - $232,000 Verdict.
During a nearly five-year course of care the defendant did several things, including inserting five dental implants. One of the implants developed an exposed thread on tooth 22.
October 2008 Failure to Diagnose Abscesses in Molars Develops Into Vascular System Strep Infection Which Eventually Required Excision Surgery in Hip - $135,000 Settlement.
The plaintiff required four months of intravenous antibiotic therapy and also required excision surgery to remove necrotic tissue.
October 2008 Chart Review Checklist
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September 2008 Root Canal Sealant, Eugenol, Overfilled During Root Canal - Inferior Alveolar Nerve Injury Causes Numbness - $80,709 Verdict in Damages After Defendant Admits Liability.
The plaintiff lip and chin were rendered permanently anesthetized as a result of the incident.
September 2008 NSDP Risk Management Newsletter - Volume 23, No. 2
Are You Required to Appear in Court for a Patient? By simply having treated or examined a patient you may be asked by the patient to testify in court; an unpleasant experience, particularly if you have never appeared in court.
August 2008 Dental Implant Injuries Inferior Alveolar Nerve - $2.6 Million Verdict.
The plaintiff claimed that the implant was not properly fitted, in that it was too long and went through her inferior alveolar nerve.
July 2008 Descargo De Responsabilidad Contra Asesoramiento Dental - Spanish
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July 2008 Solicitud De Autorizacion Para Divulgar Informacion De Salud - Spanish
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July 2008 Sample: Missed Appointment - Spanish
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July 2008 Sample: Patient Discharge Letter - Spanish
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July 2008 Evaluacion De La Articulacion Temporomandibular - Parte I - Spanish
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July 2008 Solicitud De Consulta Medica - Spanish
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July 2008 Actualizaciones Del Historial Medico - Spanish
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July 2008 Instrucciones Despues De Las Extracciones Dentales - Spanish
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July 2008 Medication, Rx and Referral Tracking Logs - English
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July 2008 Consentimiento Para Tratamiento De Ortodoncia (Menores) - Spanish
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July 2008 Consentimiento Para Tratamiento De Ortodoncia (Adultos) - Spanish
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July 2008 Autorizacion Y Consentimiento Para La Colocacion De Implantes - Spanish
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July 2008 Consentimiento Para Inyecciones De Anestesia Local - Spanish
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July 2008 Consentimiento Para La Extraccion De Dientes Impactados - Spanish
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July 2008 Consentimiento Para La Extraccion De Terceros Molares Inferiores Impactados - Spanish
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July 2008 Consentimiento Para El Uso De Anestesia General - Spanish
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July 2008 Seguimiento Al Consentimiento Telefonico - Spanish
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July 2008 Liberacion De Toda Responsabilidad - Spanish
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July 2008 Post Extraction Instructions - English
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July 2008 Periodontal Progress Chart - English
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July 2008 Oral Cancer Screening Exam - English
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July 2008 Financial Agreement - English
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July 2008 Consultation/Boipsy Request - English
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July 2008 Consentimiento Para El Uso De Inmovilizadores - Spanish
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July 2008 Consentimiento Para Procedimiento Quirurgico De Tejidos Blandos - Spanish
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July 2008 Permiso Para Tomar Fotografias, Diapositivas Y Videos - Spanish
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July 2008 Consentimiento Para Cirugia Periodontal (Encias) - Spanish
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July 2008 Consent For The Use Of Restraints - English
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July 2008 Llamada Da Telefonica De Emergencia - Spanish
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July 2008 Solicitud Para Consulta / Biopsia - Spanish
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July 2008 Authorization To Release Records - Spanish
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July 2008 Consent For Soft Tissue Surgical Procedure(s) - English
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July 2008 Permission to Take Photographs, Slides & Videos - English
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July 2008 Consent To Periodontal (Gum) Surgery - English
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July 2008 Consent For Orthodontic Treatment Of An Adult - English
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July 2008 Authorization and Consent For Implants - English
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July 2008 Consent to Use General Anesthesia - English
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July 2008 Consentimiento Para Puentes Fijos, Coronas Y Dentaduras - Spanish
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July 2008 Consentimiento Para Extraccion - Spanish
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July 2008 Consentimiento Para Tratamiento Dental - Spanish
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July 2008 Consent For Fixed Bridges, Crowns and Dentures - English
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July 2008 Follow Up of Phone Consent - English
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July 2008 Consent For Local Anesthetic Injections - English
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July 2008 Consent For Orthodontic Treatment of A Minor - English
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July 2008 Emergency Phone Communication - English
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July 2008 Patient Medical History Acknowledgement - English
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July 2008 Consent For The Extraction of Impacted Lower Third Molars - English
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July 2008 Release of All Claims - English
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July 2008 Medical Consultation Request - English
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July 2008 Registration Form/Medical-Dental History - English
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July 2008 Release From Liability Against Dental Advice - English
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July 2008 Consent For The Extraction of Impacted Teeth - English
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July 2008 Endodontic Treatment Checklist - English
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July 2008 Temporomandibular Joint Evaluation - English
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July 2008 Woman Claims Failure to Properly Evaluate and Treat Dental Problems - Defendant Claims Problems Were Sinus Related, Not Dental Related - Defense Verdict.
The plaintiff alleged negligence in the evaluation and treatment received from the defendant.
July 2008 Consentimiento Para El Tratamiento De Conductos Radiculares - Spanish
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July 2008 Sample: Missed Appointment Mid-Treatment/With Details - English
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July 2008 Sample: Missed Appointment - English
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July 2008 Sample: Follow Up/Emergency Patient Without Future Exam - English
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July 2008 Sample: Patient Discharge Letter - English
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July 2008 Request For Release of Health Information - English
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July 2008 Treatment Recall Questionnaire - English
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July 2008 Cuestionario De Actualizaction Para Tratamiento - Spanish
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July 2008 Examen Para La Deteccion De Cancer Oral - Spanish
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July 2008 Acuerdo Financiero - Spanish
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July 2008 Sample: Follow-Up/Emergency Patient W/O Future Exam - Spanish
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July 2008 Sample: Missed Appointment Mid-Treatment - Spanish
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June 2008 Dental Assistants
In today's litigious society a dentist who practices without a dental assistant is practicing with a greater risk than those who practice with an assistant.
June 2008 Language Barrier Issues
Although the official and principal language of the United States is English, there have always been parts of the population for whom English was not the primary tongue.
June 2008 Florida Risk Management Alert - Senate Bill 1558
Effective July 1, 2001, Florida has enacted Senate Bill 1558 that includes a number of changes that effect the Division of Medical Quality Assurance and the Board of Dentistry.
June 2008 New Jersey Appellate Division holds that an Affidavit of Merit is required in dental malpractice claims seeking to prove negligence as a matter of Common Knowledge or Res Ipsa Loquitor
New Jersey's Appellate Division (the intermediate level appeals court in NJ) overruled (reversed) a prior Law Division case (NJ's lower court) that held a certificate of merit is NOT required in dental malpractice cases when a patient seeks to prove a dentist's negligence by use of the common Knowledgeor es Ipsadoctrines.
June 2008 New Antibiotic Prophylaxis Guidelines Released
The American Heart Association has released new guidelines as of April 19, 2007, for the prevention of infective endocarditis in certain cardiac patients while undergoing dental treatment.
June 2008 National Provider Identifier (NPI) Update DO YOU WRITE PRESCRIPTIONS?
An NPI is a unique 10-digit numeric identifier assigned to health care providers and organizations defined as covered entities under HIPAA. Any health care provider or organization defined as a covered entity under HIPAA and now the recent clarification from HHS is required to obtain an NPI.
June 2008 Management of Paresthesia
Paresthesia is a temporary or permanent loss of sensation resulting from pressure or damage1 to the nerve effecting the tissues of the mouth, including the tongue, cheek, lip, or chin. Paresthesia mostly occurs after third molar extractions. Paresthesia also occurs less frequently as a result of a dental implant procedure and anesthetic injections.
June 2008 Informed Refusal
A new risk in dental practice has surfaced in the past few years. It relates to the refusal of a patient to follow the advice of the treating doctor.
June 2008 Is Your Dental Practice OSHA Compliant?
Most dentists know that their office is required to remain compliant with the Occupational Safety & Health Administration regulations. If you don't, you risk the possibility of fines and statutory penalties.
June 2008 Florida Mandates Defibrillators in Dental Offices
Starting February 28, 2006 all dental offices in Florida will be required to have an automatic external defibrillator (AED) on the premises.
June 2008 CDC Urges Dentists to Dispose of Lead Boxes
The Centers for Disease Control and Prevention (CDC) is urging that dentists dispose of boxes lined with lead oxide that are used to store radiographic film.
June 2008 An interesting decision: Colorado Supreme Court allows jury to hear evidence of a commonality of insurance carriers between a dentist and his expert witness.
The Colorado Supreme Court (CO's highest court) has allowed a jury verdict to stand where the jurors were told that the defendant dentist and his expert witness were insured by the same insurance trust.
June 2008 NSDP Risk Management Newsletter - Volume 23, No. 1
Announcing the Strategic Merger of The Redwoods Group insurance program for dentists with Dentist Advantage Profesional Liability Insurance Program.
June 2008 Consent for the Use of Conscious Sedation - English
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June 2008 Pennsylvania Requires Informed Consent For Root Canal
The Pennsylvania Superior Court has held that a dentist must obtain the informed consent of his patient prior to performing a root canal.
June 2008 Personal use of electronic equipment
Every dental office should have a clearly articulated policy on the use of supplied equipment and what staff may expect in terms of privacy and monitoring.
June 2008 OSHA Issues Hazard Information Bulletin for Exposure to Beryllium in Dental Labs
A new Hazard Information Bulletin issued by the Occupational Safety and Health Administration alerts dental laboratories on how to prevent exposure to beryllium, which can cause chronic beryllium disease (CBD), a debilitating and often fatal lung disease, or lung cancer.
June 2008 OSHA IMPLEMENTS NEW NEEDLE SAFETY PROVISIONS
According to the American Dental Association, the new needle safety regulations for health care employers that will take effect are expected to have minimal impact on private dental practices - UPDATE TO OUR RISK MANAGEMENT ALERTS DATED FEBRUARY 1, 2001 AND MARCH 8, 2001.
June 2008 OSHA Announces New Needle Safety and Record Keeping Regulations
On January 18, 2001, OSHA announced new needle safety and record keeping regulations scheduled to take effect during the first year of the George W. Bush administration alongside new ergonomics rules. The needle safety and record keeping regulations take effect April 18 and Jan. 1, 2002, respectively.
June 2008 New X-Ray Guidelines
The National Academy of Sciences has issued a report stating that low doses of radiation, including that from dental x-rays, pose a small risk of cancer.
June 2008 Waivers, Releases & Consents: Your Essential Risk Management Aids
The prudent dentist includes in his or her basic forms kit a variety of waiver, release, and consent forms. When the need arises to use any of them they should be readily available.
June 2008 Consent for Root Canal Treatment - English
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June 2008 Patient Records: Making Them Work for You
Your patient treatment records, if properly maintained provide the best defense to an allegation of malpractice lodged by a patient against a dentist.
June 2008 How to Terminate Care without the Risk of a Suit
There comes a time in every dentist's practice when the best course of action to follow is to terminate the care of a patient before the care is completed. To do so without following some strict rules, both in law and interpersonal relationships, may lead to considerable difficulty for the dentist.
June 2008 The Dentist's Legal Duties and the Patient's Legal Duties
The relationship between the dentist and the patient is based upon the rules of contract law. As soon as a dentist accepts a patient for care a contract between the parties is established and the rules of contract law apply.
June 2008 History Taking: Risks for You, Risks for Your Patient
Faults in taking the patient's health history have emerged as one of the more serious legal risks in dental practice.
June 2008 Opportunities in Associate Practice
The opportunity to become a partner with an established dentist immediately following professional training is remote, as is the opportunity to become a shareholder in a PC or PA. The other professional relationships are more likely to occur. By far, the most common is employer/employee.
June 2008 Independent Contractor or Employee: Which is best for you?
On entering the real world of dental practice you will have to make decisions that your dental education may not have adequately prepared you to make.
June 2008 Finding Employment
The initial decision you make on where to practice, and in what practice configuration, may determine your entire professional and personal future.
June 2008 Contracts of Employment: Avoiding Common Pitfalls
Associateships in dental practice may take the form of any one of several configurations: employer/employee, partnership, stockholders in a professional corporation, owner/independent contractor, or separate practitioners sharing facilities.
June 2008 Malpractice Risks in Dental Practice: You should Know Where the Risks Are
One of the best risk management tools is for you to be aware of the targets of allegations of malpractice brought against other dentists.
June 2008 Career Opportunities for the New Dentist
Now, in your last year of dental school, if you have not done it already, is the time to take a serious look at what you intend to do with the rest of your life as a dentist.
June 2008 A Dentist's Community Responsibility: Body Identification in Mass Disasters
Dentists play an important role in body identification, whether following mass disasters, or in criminal cases.
June 2008 Damages in Malpractice Suits
Damages are the amount of money that a plaintiff may be awarded by a trial judge or jury in a lawsuit. There are several types of damages that may be awarded.
June 2008 In Law, Do the Words Medical and Physician Apply Equally to Dental and Dentist?
There are two distinct sets of laws to consider before the answer is given: Black Letter Law and Case or Court Law.
June 2008 The Statute of Repose... More Protection for Dentists
The statute of limitations for malpractice actions offers protection for dentists against malpractice suits brought by patients after a specific number of years.
June 2008 Awards in Dental Malpractice Cases
It is informative for dentists to know the amount juries award to patients, settlement of claims, and arbitration awards following a finding of culpability on the part of the defendant dentist.
June 2008 Dentistry is Not a Very High Risk Business
The purpose of this article is to quiet the fears that dentists face in every day practice, by viewing patients as potential legal enemies looking to destroy the reputation of their once "friendly dentist," or to cash in on the "litigation lottery" made possible by lawyers and juries.
June 2008 The Case of Defective Maintenance
The patient sued for simple negligence. The question before the court was whether the suit should have been brought for malpractice.
June 2008 Altering a Record to Defend a Malpractice Suit... Don't Even Think of it!
It can be so inviting. In our hypothetical case a patient, Mrs. B, claims that she was never informed that during the process of root canal treatment the tip of an instrument broke and was left by the dentist to remain in the canal.
June 2008 Defining the Words Medical and Dental in Law
Courts, in deciding cases that involve legislation, must by necessity decide on the exact meaning of the words contained in the legislation, and often must make a determination as to the intent of the law-making body that adopted the law.
June 2008 A Violation of the Dental Practice Act: Is It Malpractice?
An appellate court in Georgia i was to decide if a violation of its Dental Practice Act would be accepted, per se,ii as evidence of malpractice?
June 2008 Let's Look at Standard of Care Again
Articles have appeared in dental journals, some credible, some not so credible, that advocate that dentists follow certain procedures that rely upon newly introduced methods and some for purposes other than that related directly to the practice of dentistry, e.g. screening for general medical problems not related to the dental care needed by the patient, and others to assist in the diagnosis of dental disease and oral pathology.
June 2008 The United States Supreme Court Enters the Malpractice Field of Litigation
It was 46 years ago when the Supreme Court of the United States, in deciding a case under the Federal Employer Liability Act, established the test to determine the liability of a physician alleged to have been guilty of malpractice. (Davis v. Virginia Railway Company, 361 U.S. 354 (1960))
June 2008 Thirteen Tried & True Ways To Get Sued
List of thirteen ways you may be sued.
June 2008 A Case with Several Important Lessons
A messy situation as a result of the error on the referral form.
June 2008 A Simple Set of Facts with an Important Lesson: Error on Referral Instruction Form
The court decided that the referring dentist, should have obtained consent for the tooth he mistakenly ordered extracted.
June 2008 Misrepresentation: A Clear and Present Danger
In a case recently decided by the Supreme Court of New Jersey, a physician informed a patient, on whom he advised to consent to an operation he wished to perform, that he was Board Certified in the specific surgical specialty, and had extensive experience in performing the recommended surgery.
June 2008 Guarantees - Double the Risk
It is tempting for a dentist to say to a patient, who insists on have some assurance of the success of the proposed treatment, words that imply the success of the treatment.
June 2008 Doctor Duty To Warn Patient On Taking Drugs
A case was decided by the Appellate Court of Connecticut in 2004 that sent an important message to all health care practitioners who prescribe or use drugs during their treatment of ambulatory patients. It contains a strong message for dentists.
June 2008 Liability for Use of a Defective History Form
In a case decided in Illinois, a dentist use of a commercially produced health history form came to the attention of the courts in a suit in which the patient alleged that the health history taken by the dentist who relied on the questions contained in the form was negligent.
June 2008 More on Standards of Care: A Court Sets the Standard - Not the Profession
The December 2005 article tandards of Care Againmade the manner in which courts arrive at the standard of care that physicians and dentists are held in the course of a malpractice trial seem simple: what other reasonable practitioners, in the same field of practice as the defendant, in the locality, whether local, state wide, or national, would have done when faced with a situation similar to that faced by the defendant.
June 2008 Rules on Obtaining Consent for Referrals
As a result of some recent court decisions it became evident that the issue of consent has placed additional responsibilities for a dentist who referrers a patient for care to a specialist.
June 2008 When Dentists Disagree
The disagreement between dentists in the treatment of a patient, prior to the treatment provided by one of the dentists, became a factor in a case decided by the Appellate Court of Illinois (101 Ill.App.3rd 264).
June 2008 THE PHYSICIANS' DESK REFERENCE and Package Inserts... Do They Set The Standard of Care?
The question for us is: Will the information about drugs contained in the Physician Desk Reference, and package inserts, be accepted at face value by a court in a malpractice trial in which the major issue in one in which the defendant dentist is alleged to have used a drug that resulted in an injury to the patient?
June 2008 A Case of an Error in Referral
A recent case decided by the Supreme Court in North Dakota in 2006 took several legal twists and turns, despite which the case contains an important lesson for practicing dentists. It is one of several issues faced and decided by the court that is the subject of this report.
June 2008 AUTHORIZATION TO RELEASE RECORDS - Spanish
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June 2008 CONSENTIMIENTO PARA EL USO DE SEDACI CONSCIENTE - Spanish
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June 2008 Consent for Dental Treatment - English
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June 2008 Consent for Extraction - English
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June 2008 Authorization to Release Records - English
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June 2008 ABC News 20/20 Investigation Warns Consumers That High Levels Of Bacteria Are Found In Dental Unit Instruments
On February 19, 2000, ABC's 20/20 news program aired the results of an investigation they conducted about high levels of bacteria found in dental unit instruments.
June 2008 The Disaster on September 11-- A Guide for Dentists
The disasters on September 11 touched us all -- personally
June 2008 SENATE and HOUSE VOTE TO REPEAL ERGONOMICS REGULATIONS -- UPDATE OF OUR RISK MANAGEMENT ALERT DATED FEBRUARY 1, 2001
The U.S. House of Representatives, following the Senate lead, voted March 7 to repeal ergonomics regulations issued by the Clinton administration and in effect legally since Jan. 16, effectively killing the controversial rules.
June 2008 Reporting a Dental Incident to us
Delayed reporting can lead to patient dissatisfaction, loss of crucial evidence, unnecessary lawsuits, time and expense away from your practice and possibly the loss of insurance protection.
June 2008 Return of Fees
The first line of defense against a request for return of fees is prevention.
June 2008 Pennsylvania Modifies Joint and Several Rule
On June 19, 2002, Governor Mark Schweiker signed legislation heralding a major change in Pennsylvania tort law.
June 2008 Failure to Prescribe Proper Antibiotics Following Root Canal and Failure to Respond to Phone Call - Emergency Tooth Extraction and Development of Diabetic Ketoacidosis - Confidential Settlement Following $57,800 Verdict.
The plaintiff claimed that Erythromycin was inappropriate for the type of exposure he had with a root canal.
June 2008 New York State Requires Dentists to Attend an Oral Cancer Detection Continuing Education Course
In September, Governor George Pataki signed legislation requiring all dentists in the State of New York to attend an Oral Cancer Detection Continuing Education Class.
June 2008 New York enacts the Physician Profiling Law - ARE DENTISTS NEXT?
On Friday, October 6, 2000, Governor George Pataki signed the Patient Health Information and Quality Improvement Act of 2000 (Public Health Law 29-D), also known as "the Physician Profiling Law." The law expands the scope of information available to patients about health care in the State of New York and creates a statewide health information system for the collection and dissemination of information about physicians licensed to practice medicine in the State of New York.
June 2008 New Jersey's Top Court to Decide On Punitive Damage Award for Altering a Medical Record
The New Jersey Supreme Court (the highest court in NJ) recently heard legal arguments in a case against a Chiropractor who admittedly rewrote his medical record.
June 2008 Final Regulation for the HIPAA Security Standard is Announced
Two HIPAA final regulations, those for Security Standards, and for Modifications to the Transactions Standards, went on display today at the Office of the Federal Register.
June 2008 Is Your Dental Practice Ready for a Medical Emergency?
Most dentists know that their office is required to remain compliant with the Occupational Safety & Health Administration regulations. If you don't, you risk the possibility of fines and statutory penalties.
June 2008 Are you ready for Hurricane Isabel?
WHAT WE KNOW: Hurricane Isabel is bearing down on the East Coast NOAA is predicting landfall Thursday or Friday between NC and NJ The last large hurricane to hit the United States, Allison, resulted on over $6 BILLION in property damage - WHAT YOU CAN DO?
June 2008 Jury Awards a Patient $5 Million Dollars
A dental patient who claimed her dentist left her with chronic pain when she pulled her wisdom teeth has been awarded $5 million by a Durham County jury.
June 2008 Basic Practice Guidelines
Dentist's Advantage has recently received reports of incidents which have highlighted basic office protocols that, if not adhered to at all times, may have the potential for serious consequences.
June 2008 Legislation to Limit Medical Malpractice Damages Goes to Senate for Approval
On September 26, 2002, the United States House of Representatives voted to pass into law House Resolution 4600, a bill that would limit damage awards and attorney's fees in medical malpractice lawsuits. The Senate Committee on the Judiciary sent the bill to the Senate for initial review.
June 2008 Do-It-Yourself Cosmetic Dental Devices
Your patients are hearing this all the time: "Want a winning smile and refreshing breath?"Let's face it, U.S. dental product makers are more than eager to oblige.
May 2008 Failure to Suspect Cancer in Lesions in Mouth - Metastasis Occurs Before Cancer Diagnosed - Death - $180,000 Settlement.
In May 2004, the decedent went for a second opinion and an immediate biopsy was performed. Cancer was diagnosed and surgery was performed, but the cancer had metastasized.
April 2008 Failure to Properly Fit Dentures Blamed for Pain and Temporomandibular Joint Injuries - $75,000 Verdict.
The plaintiff claimed that the defendant was negligent in the management, procedure and post-denture care provided.
March 2008 Failure to Properly Prepare for Maxillary and Mandibular Surgery - Shift in Jaw Occurs - $150,000 Verdict.
The plaintiff alleged lack of informed consent and also that the dentist failed to timely diagnose and treat the postoperative shift in her lower jaw.
February 2008 Teeth More Sensitive Following Placement of Veneers - $366,000 Verdict.
The defendant claimed that the teeth were already sensitive and that sensitivity was a risk of the procedure.
January 2008 Infection Following Wisdom Tooth Extraction - Confidential Settlement With Group Prior to Trial - $75,720 Gross Verdict on Lack of Informed Consent Against Oral Surgeon.
The plaintiff claimed that there was a lack of informed consent and that the extractions were not properly performed.
December 2007 Numbness Continues Following Removal of Wisdom Tooth - $250,000 Post-Trial Settlement
The plaintiff claimed that his lingual nerve had been severed, resulting in permanent loss of feeling on the right side of his tongue.
November 2007 Unnecessary Extraction of Bicuspids of Child Alleged - $87,500 Verdict
The plaintiff claimed that the defendant should not have extracted the teeth and that there was no informed consent for the extractions.
October 2007 Excessive Force During Filling Alleged - Locked Jaw With TMJ Dysfunction - Defense Verdict
The plaintiff claimed that the defendant applied excessive downward and backward force on her jaw during the filling procedure.
September 2007 Failure to Treat Abscess in Teeth Blamed for Development of Hip and Strep Infection - $135,000 Settlement
Hip and strep infection likely caused by an abscess in teeth 15 and 30 which had channeled into the vascular system.
August 2007 Failure to Treat Periodontal Disease Blamed for Multiple Problems - Defendant Claims Woman Failed to Follow-Up on Referral and Only Sought Treatment in Emergency - Defense Verdict
The plaintiff claimed that she suffered moderate to severe periodontal disease at the time of the first visit which went untreated by the defendant.
July 2007 Nerve Damage During Wisdom Tooth Extraction - Numbness - $120,000 Verdict
The plaintiff claimed that the defendant failed to timely refer him to a nerve specialist, causing him to have a significantly reduced chance of repairing the nerve damage.
June 2007 Lingual Nerve Damage From Wisdom Tooth Extraction Causes Permanent Numbness and Taste Alteration for Man - $150,000 Settlement
Plaintiff claimed that the defendant was negligent in permanently injuring his left lingual nerve.
May 2007 Improper Treatment of Decay in Teeth Blamed for Continued Decay and Need for Root Canals and Crowns - $59,950 Settlement
The plaintiff claimed that the defendant had failed to remove all of the decayed matter and/or had not properly formed and sealed the fillings.
April 2007 Improper Placement of Crowns - Woman Claims Dentist's Claim of Severe Decay in Teeth Was Wrong - Loss of Several Teeth - $135,370 Verdict
The plaintiff experienced post-surgical pain and discomfort
March 2007 Extensive Dental Treatment Allegedly Not Done Properly and Had to be Redone - $53,000 Net Verdict
The plaintiff claimed that the defendant was negligent in his treatment and that he had made the recommendation for the treatment before he cleaned her teeth or took a history.
February 2007 Implant Damages Nerve Causing Paresthesia for Woman - $307,000 Verdict
Plaintiff claimed that defendant improperly inserted the implant and that he failed to obtain her proper informed consent.
February 2007 News Brief - CDH May Pique Interest in Direct Reimbursement Dental
As consumer-directed health care (CDHC) increases in popularity, direct reimbursement dental programs (DR) are also likely to catch on among small and large employers seeking to reduce expenses.
January 2007 Pain, Numbness, and Loss of Taste to Right Half of Tongue Follow Wisdom Tooth Extraction - $200,000 Verdict
Plaintiff claimed that she did not give her proper informed consent and that defendant damaged the lingual nerve during the procedure.
December 2006 Failure to Use Antibiotics After Cheek is Drained by Dentist- Brain Abscess Develops and Causes Double Vision, Unsteady Gait and Other Cognitive Problems - $1 Million Verdict.
The plaintiff accused the defendant dentist of failing to use antiobiotics after draining an abcess, which could have prevented severe complications for the plaintiff.
November 2006 Instrument Breaks Off During Root Canal- Second Procedure Required - Confidential Settlement Follows $39,000 verdict.
The plaintiff sued the defendant after a root canal procedure, where a piece of an instrument broke off and lodge in the canal. The plaintiff claimed she was not told what had taken place.
October 2006 Dental Assistant Allowed to Install Retraction Cord and Make Impressions of Teeth - Full Set of Teeth Fail- Jury Awards $8,500.
The plaintiff complained of pain, discomfort and crumbling teeth after massive dental reconstruction, stating that the defendant breach the standard of care by allowing a dental assistant to install retraction cord and make teeth impressions.
September 2006 Wisdom Tooth Extraction Allegedly Proceeded Despite Evidence of Infection and Uncompleted Course of Antibiotics - Hospitalization for Infection Required - Jury Defense Verdict.
Despite not taking her full dose of penicillin to clear a tooth infection prior to extraction, plaintiff claimed that the dentist should not have proceeded with the extraction. The defendant claimed that there was no infection present at the time of the extraction
August 2006 Woman Claims Dentures Cause Tooth Decay and Pain - Emergency Surgery and Root Canal Required - Jury Awards $83,374.
Plaintiff claimed that her new dentures caused tooth decay and pain, and was not informed as to the risks associated with the procedure. The defendant dentist was found negligent.
July 2006 Needle Fractures in Mouth and is Unable to be Retrieved - $476,000 verdict.
The plaintiff claimed that she suffered TMJ injuries during procedure to remove a broken needle from her gum, after the needle became stuck while attempting to inject temporary anesthesia for a tooth filling procedure.
June 2006 Failure to Diagnose Fractured Jaw Following Wisdom Tooth Extraction - Defense Verdict.
The plaintiff claimed that the oral surgeon was negligent in diagnosing a fractured jaw after wisdom tooth extraction. The defendant claimed that an x-ray showed no fracture and that the fracture occured after the x-ray was taken.
May 2006 Failure to Refer to Oral Surgeon and Improper Changing of Medication Following Removal of Abscessed Wisdom Tooth -
The plaintiff claimed that the dentist did not properly respond to the infection following the extraction of an abcessed tooth. The defense claimed that the infection worsened while waiting for surgery in the hospital.
April 2006 Use of Pneumatic Bridge Remover to Remove Bridgework Blamed for Fractures to Teeth and Need for Replacement of All of Upper Teeth - Defense Verdict.
The defense denied negligence and claimed that the plaintiffs dental problems began in childhood and that the fractures resulted from natural deterioration. The defense also claimed that the pneumatic device was an appropriate tool for the required task.
March 2006 Facial Numbness Follows Bilateral Sagittal Split Osteotomy - Defense Verdict.
The plaintiff claimed negligence in the performance of the procedure and failure to inform of the risks of surgery. The defense claimed that numbness is a known risk which was discussed during a thirty-minute pre-operative consultation about two weeks prior to the procedure.
February 2006 Improper Extraction of Tooth Blamed for Nerve Damage, Bone Loss and Other Problems - Defense Verdict.
The plaintiff claimed that she suffered nerve damage, bone loss, facial numbness, mandibular pain, bony sequestrations, tongue lacerations, canker sores, headaches, swelling, bleeding and anxiety and depression following the extraction.
January 2006 Failure to Properly Prepare for Wisdom Tooth Extraction - Permanent Numbness in Lower Mouth and Chin - Defense Verdict.
The plaintiff alleged failure to obtain informed consent and failure to make appropriate pre-operative plans. According to the plaintiff, the defendant presented a form to him for signature while he was in the dental chair (as evidenced by the off-line signature). The plaintiff claimed that the defendant should have taken a periacapal x-ray of the tooth No. thirty-two in its entirety.
December 2005 Alleged Failure to Diagnose Temporomandibular Joint Dysfunction - Root Canal Required -Defense Verdict
According to the plaintiff, the defendant misconstrued the TMJ in the front mandibular part of her mouth as a symptom of decay in her teeth, causing fillings to be unnecessarily placed. Moreover, she asserted, the fillings were of insufficient and inferior material and the crown placed on tooth No.30 resulted in a violation of biological width.
November 2005 Failure to Diagnose Tooth Abscess - Pain Until Root Canal is Finally Performed - Defense Verdict.
The plaintiff claimed that the defendant was negligent in failing to perform proper testing to identify the source of the plaintiffs pain. The defendant argued that there was no negligence and that the plaintiff was told to return after the first visit if the pain continued.
October 2005 Severe Root Resorption Blamed on Treatment Plan and Lack of X-Ray Monitoring - Likely Loss of at Least Four Teeth - Jury Awards $109,200.
The plaintiff faulted the defendant for failing to monitor the treatment with x-rays and for failing to modify the treatment plan after x-rays were taken. The defendant admitted that he recognized the plaintiff as at increased risk for root resorption but claimed that there was nothing that he could do about it.
September 2005 Manipulation of Teenager's Jaw Led to Irreducible Displacement of TMJ - $523,900 Verdict
Plaintiff sued the dentist, contending that his TMJ examination was done with excessive force, converting a "reducible" displacement of the left TMJ into an irreducible one. She contended that in addition, the dentist attempted to cover-up his injury by failing to note anywhere in his records that the patient had felt severe pain at the time of his manipulation, that the problems opening the jaw, pain with chewing, onset of swelling, and onset of headaches began with that manipulation, or that he was even in the room when the patient's symptoms began.
August 2005 Lack of Informed Consent Before Extraction of Multiple Upper Teeth - Spanish-Speaking Patient and Husband - Confidential Settlement
The plaintiff, a married Spanish-speaking woman, sought the services of a dentist to have her front teeth fixed, and her other teeth made more aesthetically pleasing. The plaintiff claimed the defendant, who speaks no Spanish, fell below the standard of care when he administered a tranquilizer, before her mouth was anesthetized, and then extracted eight teeth from the plaintiff's upper plate without her informed consent.
July 2005 Negligent Root Canal Treatment- Verdict for the Defendant.
The plaintiff alleged that the defendant improperly restored the tooth with a temporary post and an ill-fitting crown. After the September 13 treatment, the plaintiff maintained that she believed the treatment was complete and that she did not need to return.
June 2005 File Breaks Off in Molar During Root Canal- Endodontic Referral Necessary for Surgical Removal- Defense Verdict
The plaintiff argued that she did not receive adequate informed consent before undergoing the root canal. She claimed that had she known there was even a slight chance that a file could separate, she would not have undergone the procedure. The defendants pointed out that the plaintiff had two prior root canals and was clearly aware of the risks associated with the procedure.
May 2005 Used Car Dealer Claims Negligence in Total Mouth Restoration - Defense Verdict
The plaintiff, who was the sole owner-operator of a used-car lot, claimed that he was disabled by his symptoms and could no longer sell cars. The defendants denied any negligence. The dentist argued that he had never had a chance to complete the work. Another part of the defense was that it was evident, in seeking adventurous restoration work, the patient had not taken good care of his teeth in the past.
April 2005 Six-Month Delay in Diagnosis of Oral Cancer -Metastasis at Date of Diagnosis -$600,000 Settlement
The plaintiff alleged that based on his clear and consistent complaints regarding soreness and a "bump" formation at the left floor of his mouth, the standard of care required that the defendant should have carefully examined the same. Had he done so, he would have appreciated the hard mass, which would have led to a referral for biopsy procedure six months earlier.
March 2005 Zinc Oxide and Eugenol Expressed Into Alveolar Nerve Canal During Root Canal - $150,000 Verdict
The plaintiff, a forty-eight year-old teacher, sought dental treatment in July and August 1999. The defendant performed root canal work on the plaintiffs #17 tooth. The plaintiff claimed that the defendant expressed zinc oxide and eugenol into her inferior alveolar nerve canal during the treatment. She claimed that this resulted in diminished sensation to the lip and chin, and that she advised him of the problem.
February 2005 Root Canal Post Misplacement - Defense Verdict
The plaintiff, a forty-seven year-old woman, underwent a root canal performed by the defendant dentist, in which the defendant placed a post in one of the roots before placing a porcelain crown. The plaintiff alleged that the defendant improperly placed the post inside one of the roots, resulting in fracture of the tooth #19 and the need for extraction.
January 2005 Extent of Necessary Dental Treatment is Disputed - $88,000 Settlement
The defendant dentist provided the plaintiff, a fifty-six year-old retiree, with a treatment plan costing more than $6,000, including root canal treatments, replacement of porcelain crowns, and referrals to additional specialists. Treatment proceeded, but the defendant refused to cement the last crown in place until the plaintiff paid the balance of about $1,800 in advance.
December 2004 Woman Falls From Dentist's Platform
Plaintiff, a woman age seventy-eight, sustained a fractured clavicle and other injuries. Defendant denied liability, contending that the condition of the platform was open and obvious and that plaintiff was familiar with the office as a patient of defendant's and had knowledge of the raised platform.


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