malpractice

Woman awarded $15 million for misdiagnosed lesion

Source: DrBicuspid.com September 11, 2011 -- A Michigan jury awarded a 61-year-old woman $15 million after her oral surgeon failed to diagnose an oral lesion that eventually progressed into stage IV cancer, according to a story in the Detroit News. Because of a state law capping malpractice awards, however, the woman will receive only about $600,000, the story noted. Herta Hopton first complained of pain in her lower right jaw in 2005. Her dentist, R. Peter Maly, D.D.S., referred her to a periodontist, John Sivertson, D.D.S., who detected a white lesion in the bottom of her mouth but diagnosed it as "aspirin burn." She was referred to Warren Vallerand, D.D.S., an oral and maxillofacial surgeon, in May 2006 and saw him four times about the lesion, but he never called for a biopsy. Hopton was finally diagnosed with stage IV skin cancer in November 2006. She has since had more than 20 surgeries to remove part of her jaw and reconstruct it with other bone tissue, according to the Detroit News. Hopton sued all three doctors and the case went to trial, but ended with a hung jury. She settled out of court with Dr. Maly for an undisclosed amount. In a second trial, Dr. Sivertson was exonerated, while the jury found against Dr. Vallerand.

Oral Cancer Foundation News Team - A2011-03-14T12:05:02-07:00March, 2011|Oral Cancer News|

Can dentists commit malpractice?

Source: www.livegreenlivestrong.com Author: linkvine Dentists, like other kinds of health professionals, are accountable for maintaining the highest standards in the service they give to their clientele. Because dentists are also health professionals, when they err or breach their obligations, they too can be shown to have committed medical malpractice. While not quite on the same level as cutting off the wrong leg or leaving surgical instruments behind in the body cavity, Dental Malpractice Lawyers can still carry some severe repercussions in the event that it occurs. First, dentists are the first line of defense against cancers of the mouth. Usually before someone notices anything is not right or feels anything, there will be symptoms evident in the mouth that look abnormal. Since dentists practice such an up close and personal relationship with all of the parts of the mouth, they should see things like tumors or pre-tumors in the mouth. As a consequence, a dentist may offer a patient with very early signals or early vigilance or early suspicion of cancer. This can make a world of difference in the treatment needed and how much tumor has to be eliminated from the mouth. It also lessens the chances that the cancer will spread throughout the body. Oral surgeons, who are in addition dentists, are also able to be liable for Dental Malpractice Lawyers. Oral surgeons are slightly more at risk because they are engaged in surgery.It would be tough for an oral surgeon to leave an instrument in the mouth [...]

Oral Cancer Foundation News Team - A2010-04-20T07:04:02-07:00April, 2010|Oral Cancer News|

Hills attorney boasts ‘largest jury verdict’

Source: www.hometownlife.com Author: Stacy Jenkins It may be the largest jury verdict award for a dental malpractice lawsuit, but Michigan's tort laws prevent the $15 million award from becoming a reality. Farmington Hills attorney Robert Gittleman said he is “thrilled” by the $15 million verdict reached Aug. 27 by an Oakland County Circuit Court jury because “it sends a strong message.” But the tort laws, he says, are “ludicrous and unfair.” Under Michigan's tort laws, his client will receive $500,000 instead of the $15 million the jury thought she deserves. “It's not tort reform, it's tort deform,” he said. “It's an oppressive law that messes up the jury (process) because the jury speaks, then the judge has to (rule) something else.” Gittleman represented Herta Hopton, 61, of Novi, in the jury trial in Circuit Court Judge Steven Andrews' courtroom in August. Hopton, who was referred to board-certified oral surgeon Warren Vallerand, in Novi, had pain in her lower right jaw in 2005. She visited her general dentist at that time, and again in February 2006 when three lower teeth became loose in the area of the jaw pain. She was referred to a periodontist, who recommended the teeth be pulled and a bridge be inserted. A white lesion in her mouth at that time was considered to be “aspirin burn,” according to court documents. The lesion cleared up, but another surfaced in May 2006. Hopton was then referred to oral surgeon Vallerand for lesion evaluation and a possible biopsy. “His [...]

Oral Cancer Foundation News Team - A2009-09-14T06:58:22-07:00September, 2009|Oral Cancer News|

Early oral cancer detection: Why you? Why now?

Source: www.rdhmag.com Author: Jonathan A. Bregman, DDS, FAGD What motivates any of us as dental health-care providers? Specifically, what motivates us to do a complete early oral cancer screening? As I travel around the country discussing the topic of early oral cancer detection, four key motivators stand out. 1. Malpractice risk Are you familiar with these malpractice facts? - Lack of diagnosis or delayed diagnosis of oral cancer is the No. 2 reason for malpractice claims in the U.S. -The average claim is settled for approximately 1 million ? yes 1 million ? dollars - The average age of claimants is early 40s - It is the hardest suit to defend Did that get your attention? I hope so! Why do so many dentists lose these lawsuits, with some dentists literally now unable to purchase malpractice insurance at all? The answer is simple: The lack of a complete and properly recorded early oral cancer screening examination. Maybe this could be your motivator to incorporate an early oral cancer screening system into your office. 2. The right way to practice dentistry In dentistry, as with all professions, the terms "best practice" or "excellence in service/care" are very broad. How dentistry is performed on a daily basis is up to the individual practitioner and his/her dental team. Also, included in the mix is the number of "unique" or "different" procedures performed in the office. Thus, defining excellent care or "the right way to practice dentistry" varies. A complete early oral cancer screening may [...]

Oral Cancer Foundation News Team - A2009-05-09T09:25:08-07:00May, 2009|Oral Cancer News|

Prevention vs. prosecution

Source: www.rdhmag.com Author: Dianne Glasscoe-Waterson Malpractice. The very word strikes fear in the hearts and minds of all health-care providers. In fact, according to risk management statistics, every dentist can expect at least one malpractice lawsuit in his or her practice lifetime. What about dental hygienists? Are they at risk? Should dental hygienists invest in their own malpractice insurance? Read on to learn of the unpleasant circumstances surrounding four dental hygienists. Limits of Malpractice Coverage Carol practiced dental hygiene for 25 years without carrying malpractice insurance. She reasoned that there was no need since the doctor's malpractice insurance covered her. When Carol's employer was sued for failure to diagnose oral cancer, Carol was named as a codefendant in the suit, as she had seen the patient for a preventive care appointment within the past year. While being named in any lawsuit was unsettling, Carol figured she really had nothing to worry about. She knew the doctor had malpractice insurance. What Carol did not know was that lawsuits can actually exceed the limits of the doctor's malpractice coverage. According to Jeff Tonner, JD, monetary awards for failure to diagnose oral cancer are the most common lawsuits to exceed the limits of coverage. If a lawsuit is successful and the limits of coverage are exceeded, codefendants can be saddled with monetary damages, because the doctor is the primary defendant. False Security Jan chose not to carry malpractice insurance. She felt it was really a waste of money, since she knew her employer's [...]

Oral Cancer Foundation News Team - A2008-10-27T06:47:48-07:00October, 2008|Oral Cancer News|