Abstract
This study reviewed the medical reports of 25 patients (21 female and 4 male) who
were found to have been treated inappropriately by temporomandibular joint (TMJ) surgery.
One of more Breaches of Duty and resultant harms (Causation) were identified for each
of the patients in this series. Their ages ranged from 18–64 (mean 36.2, median 35)
years. A narrative review of free text data revealed six main patterns of Breach of
Duty which were to do with consent, inadequate pre-surgical imaging, injection of
botulinum toxin into jaw muscles, TMJ arthroplasty, management of TMJ dislocation
and subluxation, and failure or reluctance to request second opinions. Harms identified
included surgical damage to the TMJ, facial nerve dysfunction, and social isolation.
One sum claimed was in excess of £1 million.
Keywords
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References
Bolam v Friern Hospital Management Committee [1957] 1 WLR 582.
Bolitho v City and Hackney Health Authority [1997] 4 All ER 771.
Montgomery v Lanarkshire Health Board and others [2015] UKSC 11.
Sarlabous M, Psutka DJ. Dislocation of the temporomandibular joint. In Surgical Management: Obstructing the Path. Springer 2018;78–80.
Sidaway v Board of Governors of the Bethlem Hospital [1985] AC 871.
Mercier, in Robinson v (1) Liverpool University Hospital NHS Foundation Trust (2) Mercier (County Court at Liverpool, 9 September 2021).
- Current thinking in temporomandibular joint management.Br J Oral Maxillofac Surg. 2009; 47: 91-94
- A heuristic approach to the management of muscle-related temporomandibular disorders.Faculty Dental J. 2013; 4: 112-117
- Current thinking about the management of dysfunction of the temporomandibular joint.Br J Oral Maxillofac Surg. 2017; 55: 351-356
- Minimally invasive endoscopic oral and maxillofacial surgery.Oral Maxillofac Surg Clin North Am. 2019; 31: 561-567
- Current role of arthrocentesis, arthroscopy and open surgery for temporomandibular joint internal derangement with inflammatory / degenerative disease: pitfalls and pearls.J Oral Maxillofac Surg Med Pathol. 2021; 34: 1-11
- Current status of temporomandibular arthroscopy in the United Kingdom.Br J Oral Maxillofac Surg. 2012; 50: 642-645
- Predictive risk factors for persistent pain following total prosthetic temporomandibular joint replacement.Br J Oral Maxillofac Surg. 2022; 60: 650-654
- Clinical negligence claims in oral and maxillofacial surgery over the last 10 years.Br J Oral Maxillofac Surg. 2021; 59: 1259-1263
- Characteristics of medical malpractice claims involving temporomandibular joint surgery in the United Sates.J Oral Maxillofac Surg. 2022; 80: 1153-1157
Article info
Publication history
Published online: December 02, 2022
Accepted:
October 10,
2022
Received in revised form:
October 4,
2022
Received:
July 31,
2022
Identification
Copyright
Crown Copyright © 2022 Published by Elsevier Ltd on behalf of The British Association of Oral and Maxillofacial Surgeons. All rights reserved.
