Have You Been Severely Burned by a Dentist or Oral Surgeon?

If you have been severely burned by a dentist or any other dental health professional, you may have a dental malpractice claim against the dentist and a product liability claim against the manufacturer of the dental equipment that was being used by the dentist when you were burned.

Poor Maintenance of Dental Equipment Resulting in Severe Burns During Oral Surgery is Dental Malpractice

Dental equipment used during surgery, particularly tooth extractions, has severely burned dental patients, according to letter sent by the FDA to Dental health professionals. Some burns have been third-degree burns requiring plastic surgery.

Below is the FDA letter to dental health professionals regarding the possibility of patients being burned during dental procedures with poorly-maintained electrical dental handpieces. Pritzker | Ruohonen, a leading malpractice and product liability law firm, is printing it here as a public service. Pritzker | Ruohonen has gained a national reputation, and attorneys at the firm have been interviewed by The New York Times, The Wall Street Journal, Lawyers USA and other publications. In recognition of their accomplishments, attorneys Fred Pritzker and Rich Ruohonen have been named “Super Lawyers” by Law & Politics magazine. Fred Pritzker has also been selected by other lawyers for inclusion in The Best Lawyers in America. To contact the firm about a dental malpractice/product liability case involving a severe burn by a dentist, oral surgeon or other dental health professional, please call toll-free at 1-888-377-8900 or submit the firm’s online free case consultation form.

FDA Public Health Notification: Patient Burns from Electric Dental Handpieces

Issued : December 12, 2007

Dear Dental Health Professional:
This is to inform you about serious patient injuries, including third degree burns, associated with the use of poorly maintained electric dental handpieces, and to recommend specific actions to prevent or minimize the problem. While this notification is directed to dental health professionals, the following information may be useful to all users of electric handpieces.

Background

Patients have been severely burned when poorly maintained electric dental handpieces were used during dental procedures. Some patients had third degree burns which required plastic surgery. Burns may not be apparent to the operator or the patient until after the tissue damage has been done, because the anesthetized patient cannot feel the tissue burning and the handpiece housing insulates the operator from the heated attachment.
Although the reported burns have occurred during cutting of tooth and bone, tooth extraction and other dental surgical procedures, overheating could occur during any dental procedure.
Note that this problem is not limited to dentistry. Rotary surgical handpieces can cause patient burns during orthopedic procedures, as reported in the July 2003 edition of FDA Patient Safety News (http://www.fda.gov/cdrh/psn/show17-burns.html).

Air-driven vs. electric handpieces

With high and low speed air-driven handpieces, sluggish handpiece performance will alert the dental practitioner to maintenance issues such as a dull bur or worn or clogged gears or bearings. A poorly maintained electric handpiece does not provide a similar warning that maintenance is needed. Instead, if an electric handpiece is worn or clogged, the electric motor sends increased power to the handpiece head or attachment in order to maintain handpiece performance. This increased power can rapidly generate heat at the head of the handpiece attachment. Because the heat buildup is so rapid, and is efficiently conducted through the metal handpiece, a burned patient may be the first indication of handpiece problems that the practitioner receives.

[Pritzker | Ruohonen: To determine if a burn sustained during oral surgery or any other dental procedure was caused, even in part, by a defect in the dental equipment being used, it will be necessary to contact a lawyer. Attorneys at our law firm have both malpractice and product liability experience.]

Recommendations

Be vigilant about maintaining electric dental handpieces according to manufacturer’s instructions.
Verify with the manufacturer the appropriate routine service interval for your dental practice based on the actual use of your handpieces.
Train personnel to properly clean and maintain the electric dental handpieces and to follow specific device maintenance requirements.
Develop a method for tracking maintenance and routine service for each handpiece used.
Examine the handpiece attachments prior to use. Do not use worn drills or burs.
Do not use poorly maintained electric dental handpieces.

Reporting Adverse Events to FDA

To report your experience regarding the devices in this notification, please use MedWatch, the FDA’s voluntary reporting program. You may submit reports to MedWatch by phone at 1-800-FDA-1088; by FAX at 1-800-FDA-0178; by mail to MedWatch, Food and Drug Administration, 5600 Fishers Lane, Rockville, MD 20857-9787; or online at http://www.fda.gov/medwatch/report.htm.

[Pritzker | Ruohonen: If you have been severely burned and suspect that a poorly maintained piece of dental equipment may be the problem, please contact our law firm. If you retain us to represent you, we will help you report your experience to the FDA. By reporting your experiences, you will be helping the FDA prevent further injuries to other dental patients.]

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