Medico-legal aspects of altered sensation following endodontic treatment: a retrospective case series

Oral Surg Oral Med Oral Pathol Oral Radiol Endod. 2011 Jul;112(1):126-31. doi: 10.1016/j.tripleo.2011.01.007. Epub 2011 Mar 31.

Abstract

Objective: The objective of this study was to analyze cases of liability claims related to persistent altered sensation following endodontic treatments so as to characterize the medico-legal aspects of this complication.

Study design: A comprehensive search of an Israeli professional liability insurance database was conducted to retrospectively identify and analyze cases of persistent altered sensation following endodontic treatment.

Results: Sixteen claims of persistent altered sensation following endodontic treatments were identified and analyzed. The typical profile of a claim was a female patient who underwent an endodontic treatment at a second mandibular molar, which was associated with overfilling. A significant correlation between the tooth location and the suggested cause of nerve injury was found. None of the claims were reported by the practitioners, and all cases were identified as a result of the patient's demand for financial compensation, either directly or by legal actions.

Conclusions: When a nerve injury is diagnosed, the treating practitioner should be encouraged to seek medical and legal assistance so as to prevent permanent damage and to enable a better medico-legal response.

MeSH terms

  • Adult
  • Aged
  • Dental Implants / adverse effects
  • Dentists / legislation & jurisprudence*
  • Female
  • Humans
  • Insurance, Liability
  • Israel
  • Male
  • Malpractice / legislation & jurisprudence*
  • Middle Aged
  • Molar / pathology
  • Retrospective Studies
  • Root Canal Irrigants / adverse effects
  • Root Canal Obturation / adverse effects
  • Root Canal Therapy / adverse effects*
  • Sensation Disorders / etiology*
  • Tooth Extraction / adverse effects
  • Trigeminal Nerve Injuries
  • Young Adult

Substances

  • Dental Implants
  • Root Canal Irrigants