Related Experiment Videos
Litigation and the lingual nerve.
1Head and Neck Surgical Oncology, Department of Otolaryngology, University of Nebraska Medical Center, Omaha, NE 68198, USA. DLydiatt@UNMC.edu
Summary
Lingual nerve injury litigation is common in dental and oral surgery, often due to tooth extractions and lack of informed consent. Awareness of anatomy and risks can help prevent malpractice suits.
Area of Science:
- Legal medicine
- Surgical outcomes
- Medical malpractice
Background:
- A malpractice crisis is recognized in the United States.
- Litigation analysis is crucial for understanding and preventing medical malpractice suits.
- The lingual nerve is a frequent site of injury leading to litigation.
Purpose of the Study:
- To review and analyze litigation concerning lingual nerve injuries.
- To identify common causes, procedures, and outcomes in lingual nerve injury lawsuits.
- To provide insights for the prevention of such litigation.
Main Methods:
- A comprehensive review of jury verdict reports from 1987 to 2000 was conducted.
- State and federal civil trials across the United States were analyzed.
- Data compiled included plaintiff/defendant information, allegations, injury sites, expert witnesses, and verdicts.
Main Results:
- Thirty-three lingual nerve injury suits were identified, predominantly involving dentists/oral surgeons (87%).
- Tooth extractions accounted for 79% of cases, with 50% resulting in awards; lack of informed consent was alleged in 52%.
- Allegations included inadequate training (18%) and wrong surgical approach (15%); 15% cited anatomic variations.
Conclusions:
- Surgeons must recognize anatomic variations and high-risk areas for lingual nerve injury.
- Implementing thorough, written informed consent procedures may mitigate litigation risks.
- Increased awareness and adherence to best practices can reduce malpractice claims related to lingual nerve damage.