Lésions dentaires et anesthésie : épidémiologie et impact assurantiel sur quatre années au CHU de Rouen

Laidoowoo, E.; Baert, O.; Besnier, Emmanuel; Bertrand, Denis

doi:10.1016/j.annfar.2011.05.005

Cited by 14 publications

(6 citation statements)

References 17 publications

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“…PDI occurred primarily in the age group between 50 and 70 years, which is probably a result of the higher incidence of periodontal disease in this age group 2 . Just over half the plaintiffs were women (58.3%, gender ratio of 1/1.4) and the mean patient age was 55 years, which is similar to reported data of insurance claims in France 19 …”

Section: Discussionsupporting

confidence: 80%

“…2 Just over half the plaintiffs were women (58.3%, gender ratio of 1/1.4) and the mean patient age was 55 years, which is similar to reported data of insurance claims in France. 19 Throughout the literature, a pre-existing poor dentition and difficult intubation are the most significant risk factors for PDI.…”

Section: Discussionmentioning

confidence: 99%

“…Insurance claims analysis show that most of the procedures are engaged for the loss of a single tooth or prosthetic restoration. 19 The medico-legal consequences of a PDI would therefore differ depending on the type and the consequences of the injury, with the patient choosing the insurance or judicial route accordingly. However, the legal procedure does not always give satisfaction to the patient with a conviction rate of 25% for health professionals and private institutions (civil proceedings) and 50% for public health institutions (administrative proceedings).…”

Section: Discussionmentioning

confidence: 99%

“…This can be explained by the high cost of rehabilitating lost front teeth with little contribution of medical insurance companies in France. Insurance claims analysis show that most of the procedures are engaged for the loss of a single tooth or prosthetic restoration 19 . The medico‐legal consequences of a PDI would therefore differ depending on the type and the consequences of the injury, with the patient choosing the insurance or judicial route accordingly.…”

Section: Discussionmentioning

confidence: 99%

“…Many studies have focused on the epidemiology, prevention, and management of PDI by anaesthesiologists and dentists. Studies about the medicolegal aspects of PDI have mainly focused on liability insurance and out-of-court cases, [17][18][19][20][21] thus not encompassing cases brought to court (Figure 1). Medico-legal consequences of malpractice depend on whether the procedure is judicial or insurance-based.…”

Section: Introductionmentioning

confidence: 99%

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Medicolegal issues of peri‐anaesthetic dental injuries: A 21‐years review of liability lawsuits in France

Diakonoff

Rocquigny

Tourtier

et al. 2022

Dental Traumatology

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Background/Aim Peri‐anaesthetic dental injuries (PDI) represent a major source of potential malpractice claims against anesthesiologists. Studies about the medico‐legal aspects of PDI have mainly focused on liability insurance cases thus not encompassing those cases brought to court. The aim of this study was to assess the medico‐legal issues of PDI‐related liability lawsuits in France. Material and Methods A review of judicial decisions pertaining to PDI was conducted on a French legal database, spanning the period between January 2000 and October 2021. Characteristics of decisions, patients and anesthesiologists, peri‐operative care, dental injuries, and convictions were collected when available for analysis. Results Twenty‐four judicial decisions fulfilled the inclusion criteria and were analyzed. All cases of dental injuries took place during elective surgery, 16 in the private sector and 8 in the public sector. Most injuries concerned two or more teeth and the most predominant dental injuries were luxation or avulsion (70.8% of cases). Eight cases resulted in a final verdict in favor of the plaintiff, four in the private sector (conviction rate: 25%), and four in the public sector (conviction rate: 50%). The causes of conviction were either a lack of information (5/8), a breach in the standard of care or technical negligence (3/8). The average amount of indemnification for the plaintiff was 3614 Euros (3753 Euros in 2022 inflation‐adjusted Euros) excluding legal fees. Conclusions The analysis of PDI‐related liability lawsuits shows that medico‐legal issues differ from those of PDI‐related insurance claims. Avulsion and luxation of multiple anterior teeth during elective surgery appear to be a risk factor for liability lawsuits. In addition, inadequacy of patient information about PDI‐risk seems to be a risk factor for conviction. Lastly, dental injuries are less at risk of civil conviction than other anesthesia‐related damages.

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Section: Discussionsupporting

confidence: 80%

Section: Discussionmentioning

confidence: 99%

Section: Discussionmentioning

confidence: 99%

Section: Discussionmentioning

confidence: 99%