Trigeminal nerve injuries following dental procedures: A retrospective analysis of malpractice claims from 2016 to 2023 in South Korea

IF 1.2 4区医学 Q3 MEDICINE, LEGAL

Journal of forensic and legal medicine Pub Date : 2024-08-01 DOI:10.1016/j.jflm.2024.102730

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引用次数: 0

Abstract

Background

Dental malpractice claims, which pertain to legal actions against dentists accused of clinical negligence that caused harm to patients, have increased in the past ten years in South Korea. The claims are caused by complications, particularly trigeminal nerve injuries, resulting from various dental procedures. Medicolegal issues related to trigeminal nerve injury have not been previously described in South Korea. Therefore, in this study, we aimed to identify the general, dental, and judicial characteristics of closed dental malpractice claims.

Methods

This study was designed as a descriptive study. We collected the data of 51 closed claims related to trigeminal nerve injury resulting from dental procedures such as dental implant emplacement, tooth extraction, and local anesthesia. The claims were decided by courts in South Korea between 2016 and 2023. The general, dental, and judicial characteristics of the claims were analyzed retrospectively.

Results

The average claim resolution period was 4.2 (range: 1.47–8.39) years post-adverse events that occurred more frequently in dental clinics (68.6 %) than in dental (25.5 %) or general hospitals (5.9 %). Inferior alveolar (66.7 %) and lingual (17.6 %) nerves were injured following dental procedures. The duty to inform was breached in 68.6 % of claims. The dental procedure performed (P < 0.001) and the injured nerve (P < 0.001) were associated with the violation of the duty to care.

Conclusion

To improve the quality of dental care services, the analysis of the adverse events using various resources including judgments should be strongly addressed.

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牙科手术后的三叉神经损伤：对韩国 2016 年至 2023 年医疗事故索赔的回顾性分析。

背景：牙科渎职索赔是指对被控临床疏忽对患者造成伤害的牙医提起的法律诉讼，在过去十年中，牙科渎职索赔在韩国有所增加。索赔的原因是各种牙科手术引起的并发症，特别是三叉神经损伤。在韩国，与三叉神经损伤相关的医疗法律问题以前从未被描述过。因此，在本研究中，我们旨在确定已结案的牙科医疗事故索赔的一般、牙科和司法特征：本研究为描述性研究。我们收集了 51 起已结案的牙科诉讼案件的数据，这些案件都与种植牙、拔牙和局部麻醉等牙科手术导致的三叉神经损伤有关。这些索赔由韩国法院在 2016 年至 2023 年间做出判决。我们对索赔的一般、牙科和司法特征进行了回顾性分析：不良事件发生后的平均索赔解决期为 4.2 年（范围：1.47-8.39），牙科诊所（68.6%）比牙科医院（25.5%）或综合医院（5.9%）发生得更频繁。在牙科治疗过程中，下牙槽神经（66.7%）和舌神经（17.6%）受到损伤。68.6%的索赔违反了告知义务。所实施的牙科治疗程序（P 结论：牙科治疗程序是牙科医疗服务的重要组成部分：为了提高牙科保健服务的质量，应大力利用包括判断在内的各种资源对不良事件进行分析。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Journal of forensic and legal medicine MEDICINE, LEGAL-

CiteScore

2.70

自引率

6.70%

发文量

106

审稿时长

57 days

期刊介绍： The Journal of Forensic and Legal Medicine publishes topical articles on aspects of forensic and legal medicine. Specifically the Journal supports research that explores the medical principles of care and forensic assessment of individuals, whether adult or child, in contact with the judicial system. It is a fully peer-review hybrid journal with a broad international perspective. The Journal accepts submissions of original research, review articles, and pertinent case studies, editorials, and commentaries in relevant areas of Forensic and Legal Medicine, Context of Practice, and Education and Training. The Journal adheres to strict publication ethical guidelines, and actively supports a culture of inclusive and representative publication.