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April 13, 2008

By Linda J. Hay, JD

In February, the Chicago Tribune ran almost a full-page article titled "Pain of Dental Malpractice," accompanied by a very large cartoon of a dentist holding a tooth that had just been pulled out of the mouth of a screaming patient. The only words in the cartoon were quotes of "Oops!" by the dentist and "Ouch!" by the patient. (Chicago Tribune: Feb. 19, 2008; author, Christopher Weber)

The article starts out with a story about a dental patient in terrible pain. The pain occurred after an extraction procedure, which was preceded by "10 shots" to numb her mouth. The procedure described the practitioner as "throwing his entire weight against her wisdom tooth as if uprooting a tree stump." When her excessive bleeding would not stop, she called her practitioner — only to discover that he had "left town."

The article then notes that while fewer than 5% of patients experience the kind of "nightmare" that this patient did, dental malpractice "may be more common than many patients realize." The articles goes on to cite a woman dentist who has provided expert opinions in more than 400 cases (some of which were as the expert for the plaintiff against this author and her firm's clients). Finally, the article goes on to discuss the details of how to report claims to Illinois' disciplinary licensing body, the Illinois Department of Financial and Professional Regulation (IDFPR), and how to check a dentist's history of discipline on the IDFPR Web site.

The only litigation attorney cited in the article is one from a plaintiff's firm. No defense lawyers are quoted in the article. The article concludes by recommending that patients check their dentist's disciplinary history, take referrals with a "grain of salt," be vocal about complaints, and be wary of general dentists performing care that falls in the realm of specialists. It concludes by stating that communication of problems to the patient's dentist helps a dentist "propose ways to correct a problem without lawsuits. He or she might even fix it for free."

In the Chicago area in the past year, at least three dental death cases have been widely reported on the evening news, news radio stations, and the Chicago newspapers. These cases have typically not included any commentary from any representatives of the dentists involved.

Why is this important to you? It serves as a reminder that claims for dental malpractice can happen to you. Despite a good patient population, good risk management, and — most important — good patient care, media attention raises public awareness to those dissatisfied patients who suffer an untoward result, a complication, or that just did not pay their bills. Articles such as the one noted above, which do not portray the dental profession in a favorable light, can spark a dissatisfied patient to seek legal advice. Practicing good risk management must continue to remain a priority in your practice.

Be aware that your patient population has access to this kind of media reporting. Be aware of public information concerning your own history, public information concerning your credentials/licensure, and the message you send to the public through your own advertising. This heightened awareness will not always prevent a claim, but may help to defend one.

Linda J. Hay, JD, is a partner at Alholm Monahan Klauke Hay Oldenburg, LLC in Chicago. She graduated from The John Marshall Law School in 1986 and has defended dental professionals for more than 15 years. She may be reached at lhay@illinois-law.com.

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