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The Liability of Performing Orthognathic Surgery
Steven Halepas1, Brendan Bryck2, Kevin C Lee1
1Division of Oral and Maxillofacial Surgery, NewYork-Presbyterian/Columbia University Irving Medical Center, New York, NY, USA.
Craniomaxillofacial Trauma & Reconstruction
|May 31, 2022
Summary
Medical malpractice cases in orthognathic surgery are rare but can be costly. Understanding legal factors and learning from past cases can help craniomaxillofacial surgeons avoid litigation.
Area of Science:
- Oral and Maxillofacial Surgery
- Medical Malpractice Law
- Health Law
Background:
- Growing academic interest in medical malpractice within surgical specialties.
- Orthognathic surgery involves complex procedures with potential for litigation.
- Craniomaxillofacial (CMF) surgeons require clear understanding of legal responsibilities.
Purpose of the Study:
- To analyze medical malpractice cases related to orthognathic surgery.
- To identify factors contributing to legal responsibility in these cases.
- To enhance CMF surgeon confidence in managing orthognathic procedures.
Main Methods:
- Retrospective case series utilizing the Thomson Reuters Westlaw Edge database.
- Search for medical malpractice cases involving orthognathic surgery from 1985-2021.
- Descriptive statistical analysis of case characteristics and outcomes.
Main Results:
- 15 cases of CMF malpractice in orthognathic surgery were analyzed (1991-2012).
- California and Pennsylvania had the highest case concentrations.
- 53% of cases favored the defendant; 27% favored the plaintiff against the surgeon.
Conclusions:
- Litigation is time-consuming and burdensome for medical practitioners.
- Fear of litigation may deter CMF surgeons from performing orthognathic surgery.
- Learning from past malpractice cases is crucial for risk mitigation.
