Medical malpractice court cases involving treatment of the temporomandibular joint: analysis of prevalence, risk factors, and court rulings.

Abstract

Objective: Limited research exists regarding malpractice in dentistry. Temporomandibular joint disorders (TMDs) include intra- and extra-articular conditions that are managed by general dentists, orofacial pain specialists, and oral and maxillofacial surgeons. In this study, we investigate the rate of malpractice court trials involving treatment of TMD by these specialists.

Study design: A retrospective review of malpractice court cases related to TMD between 1960 and 2022 was conducted via search of the Westlaw database. Cases were excluded when: (1) the defendant was not a dental specialist, (2) the claim was unrelated to TMD, and (3) the case did not proceed to court trial. Descriptive statistics were performed.

Results: Fifty-seven cases met the inclusion criteria. Most cases (81%, n = 46) ruled in favor of the defendant (health care provider) and 18% (n = 10) ruled in favor of the plaintiff (patient). The most common reason for a ruling in favor of the defendant was expiration of the statute of limitations (n = 19).

Conclusions: Most court cases with claims of malpractice after treatment of TMD ruled in favor of the defendant. Most frequently, actions by the defendant were viewed as: within the limits of the standard of care or lacked sufficient evidence to justify litigation against the provider. (Oral Surg Oral Med Oral Pathol Oral Radiol YEAR;VOL:page range).