Dr F was an anaesthesiologist providing general anaesthesia to Patient N for a surgical procedure. The patient was intubated for the procedure and, on awakening from anaesthesia, the patient bit down on the endotracheal tube and one of their front incisors was chipped by the tube.
When Patient N had fully awakened, Dr F discussed what had happened with them and referred the patient to a dentist for evaluation. The patient then requested Dr F to pay for the repair of the tooth.
Dr F contacted Medical Protection, who advised them to keep an open line of communication with Patient N and to be open and honest with them about their involvement in the procedure and what had happened post-operatively.
Medical Protection also advised Dr F to be empathetic to the patient’s situation, but to stick to the facts about what occurred in any correspondence with them and avoid discussing blame or liability.
It was determined by Medical Protection that the member had not mentioned possible dental damage from the endotracheal tube as a risk in the consent discussion, that there were no notes regarding this consent discussion, and that the patient had mentioned to the member that they had had dental work done on the tooth in question.
Medical Protection supported Dr F in drafting an email response to Patient N acknowledging the request and responding to their concerns. The matter was resolved swiftly via a small claim settlement, avoiding any further escalation.
Check out our presentation on dental damage occurring during anaesthesia if you would like to find out more about this topic - Dental Damage During Anaesthesia: Introduction