[Financial and medicolegal impact of dental trauma]

Ann Fr Anesth Reanim. 2012 Mar;31(3):191-5. doi: 10.1016/j.annfar.2011.12.013. Epub 2012 Feb 27.
[Article in French]

Abstract

Introduction: Dental injuries are among the most common complications of general anesthesia. Yet few studies have assessed the costs and factors that involve the responsibility of the anesthetist.

Study design: A retrospective study was conducted at the university hospital of Reims on 46 cases of dental injuries directly related to anaesthesia.

Results: Ten patients made a claim for compensation. Two of them have received compensation following a medical expertise, which revealed for the first patient a possible alternative to general anaesthesia, and the second, hardware failure of intubation. The Administrative Court was entered once in 9 years. The global insurance-cost amounts to 4476 euros for all patients. The review of all cases of anaesthesia shows clearly that the dental claims are associated with a significant under clinical evaluation of dental status and criteria for difficult intubation during the anaesthesia. The information to the patient on this risk is not obvious from reading the anaesthesia records. No mouth guard was used.

Conclusion: This work proves that the statements of caution are the most common and a minority of dental trauma lead to a claim. Claims are due to the high cost of dental care repair. The proportion of patients receiving benefits is extremely low. Medical expertise is an essential part of the evaluation of medical responsibilities. No compensation was paid without expertise. The lack of physical examination and information are contrary to our professional obligations and may involve our responsibility. The lack of patient information is not generated for compensation to the extent that the consequences of failure are easily dental weighed against the benefits of the entire medical-surgical procedure that the patient has agreed.

Publication types

  • English Abstract

MeSH terms

  • Anesthesia, General / adverse effects*
  • Anesthesiology / economics*
  • Anesthesiology / legislation & jurisprudence*
  • Costs and Cost Analysis
  • Expert Testimony
  • France
  • Humans
  • Insurance Claim Review
  • Intubation, Intratracheal / adverse effects
  • Intubation, Intratracheal / instrumentation
  • Mouth Protectors
  • Retrospective Studies
  • Tooth Injuries / economics*
  • Tooth Injuries / etiology
  • Tooth Injuries / therapy