Is Wisdom Tooth Removal Surgery an Unnecessary Risk?

In recent weeks, several news sources have reported the death of a 17-year-old Maryland girl who died from hypoxia (oxygen deprivation) during a routine wisdom teeth extraction. Her parents filed a medical malpractice lawsuit this month, which brought the case to the attention of consumers, media, and dental industry professionals. The tragedy has caused many to question the necessity of wisdom teeth removal, an elective surgery that may lead to serious health consequences with no significant health benefit.

Girl's Death Gives Rise to Bigger Questions for the Dental Industry

In April, Jenny Olenick was to have her wisdom teeth removed, a surgery undergone by five million teens and adults each year. However, the procedure went fatally wrong when her heart rate slowed to a "panic level" and she began losing oxygen after being anesthetized. Her parents' malpractice lawsuit alleges that the dentist and anesthesiologist were negligent in monitoring Ms. Olenick's breathing and oxygenation and in failing to resuscitate her once her heart rate and oxygen level dropped.

Ms. Olenick's tragedy has prompted many people to wonder why dentists almost unanimously encourage wisdom teeth removal when the teeth have not actually caused any problems for the individual, but the surgery poses real risks.

The American Association of Oral and Maxillofacial Surgeons strongly recommends that young adults have their wisdom teeth removed to "prevent future problems and to ensure optimal healing." But some dentists claim the science support prophylactic extraction is thin, and that profit is the real reason so many wisdom teeth removals are performed. As reported by Huffpost Healthy Living, dental consultant Jay Friedman wrote in the American Journal of Public Health, "Third-molar surgery is a multibillion-dollar industry that generates significant income for the dental profession. It is driven by misinformation and myths that have been exposed before but that continue to be promulgated by the profession."

According to the report, American dentists and oral surgeons pull 10 million wisdom teeth every year, an effort that costs more than $3 billion and leads to 11 million days of postoperative discomfort. Mr. Friedman goes on to say "At least two thirds of these extractions, associated costs, and injuries are unnecessary, constituting a silent epidemic of [physician-induced] injury that afflicts tens of thousands of people with lifelong discomfort and disability."

The dangers associated with wisdom teeth removal will likely receive even more attention in the coming months. ABC News affiliate WSBTV has reported that 14-year-old Ben Ellis of Gilmer County, Georgia was found dead on December 8 after undergoing wisdom tooth surgery the day before. His case is still under investigation.

Experienced Medical Malpractice Lawyers

If you ever believe that your health or the health of a loved one was compromised by incompetence or negligence on the part of a dentist, doctor, nurse, hospital, or other health care professional, contact Paulsen & Armitage, LLC in Denver for a free consultation with an experienced Colorado medical malpractice attorney.

Colorado’s Physician Apology Law

Several states have passed laws that allow doctors and other health care providers to apologize to a patient or a patient’s family for medical errors. These laws make doctor apologies inadmissible in court to prove liability against the doctor or health care provider.

Advocates of physician apologies contend that many malpractice lawsuits can be avoided if the doctor or health care provider apologizes and lets the patient or loved one know the details of what went wrong. Some health care providers have implemented similar policies with some encouraging results. For example, the University of Michigan Health System in Ann Arbor has a policy of full disclosure and offers apologies without the benefit of a state Physician Apology Statute. Since the program has been in effect, claims against them went down from 262 in 2001 to under 100 in 2005 despite an increase in clinical activity. Administrators claim the program works because, along with an apology and disclosure, they offer the aggrieved patient a reasonable settlement to compensate them for any losses.

Like many other states, Colorado has passed a physician apology statute. Colorado’s law is by far the broadest in the nation. Whereas most states limit the apologies to expressions of sympathy, SECTION 1, Article 25 of Title 13 of Colorado Revised Statutes also protects admissions of liability and guilt. It protects “any and all statements, affirmations, gestures, or conduct expressing apology, fault, sympathy, commiseration, condolence, compassion, or a general sense of benevolence…” In effect, a negligent doctor can apologize, describe in detail the mistakes he made, and the victim would not be able to use that admission in court.

Texas also has a physician apology statute, but it is much narrower than Colorado’s. Like Colorado's statute, Texas Civil Practice & Remedies Code Sec 18.061(a)(1) bars doctor's statements that “expresses sympathy or a general sense of benevolence relating to the pain, suffering, or death of an individual involved in an accident.” However, unlike Colorado's law, it does not bar a doctor's admission of liability or fault.

By way of example, let's imagine that a doctor makes the following statement after something goes wrong during an operation: “I am sorry for your pain. I mistakenly failed to close-up properly and that failure caused your pain and suffering.” In Texas, only the first part of the statement (“I am sorry...”) would not be admissible in court. The second part of the statement (“that failure caused...”) would be admissible to prove the doctor's liability. On the other hand, in Colorado, the entire statement would not be admissible to prove liability in any malpractice suit against the doctor or hospital.

Some critics of the Colorado statute feel that the policy is unfair and that patients should not have to give up their right to sue just so a doctor can say, “I’m sorry.” Proponents, on the other hand, believe that the statute protects more than a mere apology. Many patients and families file suit as a last resort to find out information about what happened. Because doctors have been advised to say nothing to mitigate the risk of a lawsuit, the patient never got a satisfactory explanation of what went wrong. Thus proponents believe that the statute offers a sense of closure for the patients and families without resorting to litigation.

Thank you for reading our blog. Injuries suffered due to medical malpractice can be devastating. If you or a loved one has been seriously injured due to medical malpractice, contact us for immediate assistance. If you have a question or comment, please reply to this blog or send us an e-mail.