Dental Lawsuit: $15M Award Against Oral Surgeon

Dental lawsuit leads to $15M verdictA dental patient has been awarded a whopping $15 million for her oral surgeon's failure to diagnose her precancerous lesion. However, her own lawyer acknowledges that $600,000 is the most she can actually hope to receive.

The Michigan woman, now 61, saw her general dentist in 2005 for jaw pain. She was first referred to a periodontist, who noted a lesion. She was then referred to an oral surgeon who did not biopsy the lesion.

She tried to sue all three dentists, but that case ended in a hung jury. She settled out of court with the general dentist. The periodontist prevailed in his trial, but the oral surgeon was not so lucky.

A 1996 Michigan law caps malpractice payouts at $416,000.

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Julie Frey is the Editor of TheWealthyDentist.com blog. She has dedicated her career to Internet marketing and communications, working side-by-side with dental marketing guru Jim Du Molin since 2006. She has a degree in Linguistics from Stanford University, has a passion for language and writing, and lives in San Francisco. Julie Frey+

  • Dennis Nagel DDS

    Interesting that the General Dentist was held somewhat liable, as would be suggested by the “settlement”.

    This reminds me of and underscores another related problem I have seen more than once on a large scale when the general dentist spends a lot of time assessing all the factors in a patient’s situation, and with the patient’s best interest in mind, refers them to a specialist for very specific treatment, and the specialist upsells them into a more gradiose or generic treatment that is not so precisely taylored to the patients needs. There have been vastly increased costs to the patient in time, money and relapse, and costly complications that the original plan would have avoided.

    And as your case describes, it can go the other way towards potential undertreatment, also resulting in adverse patient experience.

    We as general dentists are the quarterbacks. We spend more time with patients as people and are best acquainted with their oral and life situations. We are responsible for the overall plan. The specialist may not just naturally see us as the quarterback unless we make that very clear. I see a need for the general dentist to work closely with specialists to have a clear understanding of what expectations are. I also see a need to follow up with our patients who have been referred to specialists for significant treatments. We may need to occasionally intervene and suggest the patient get another opinion. We can also document very specifically in writing to the specialists what our expectations are.

    This certainly takes time from our busy days, but can yield more consistently satisfying patient outcomes and perhaps save $400,000.00 and a lot of difficulties and aggravation in the event of an untoward result.

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