I am a dentist with my own practice, last week one of my patient had her lower wisdom tooth removed by consultant surgeon, the patient developed tongue numbness after the procedure. The patient signed on the consent form for the procedure. she got her other side tooth removed from the same surgeon in 2021 for which also a consent form was signed for that procedure, there was no problem that time. in the present case the procedure and post-op stitches removal all the procedures were performed by same surgeon, i was assisting during the procedure. being practice owner and assisting during procedure am i liable for any legal aspect, every procedure was recorded on camera showing the surgeon performing the procedure, is there any precaution i need to take in this regard. Your advice will be highly valuable.
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Yes, you have to take precaution as you have given reference for operation and you were involved in the operation theatre as well.
If any thing goes wrong put all burden of issues on surgeon's shoulder. because at end of the day surgeon will be held responsible.
If any case is filed against you. Then you can consult me. I can analyse there is no issue in your case.
In case of medical negligence both the consultant surgeon and you as assisting the surgeon would be liable
2) your defence should be patient had signed the consent form and that there was no negligence in removal of wisdom tooth
For the issue of medical negligence cases all the persons involved in the procedure/treatment are jointly and severally liable to pay the damages.
However, it is well settled that if standard operating procedure was adopted then even if some unwanted situation cured in absence of gross negligence to likably would be fastened upon the Doctors or his assistant.
The term “medical negligence” is an omnibus one, which has come in vogue to refer to wrongful actions or omissions of professionals in the field of medicine, in pursuit of their profession, while dealing with patients. It is not a term defined or referred to anywhere in any of the enacted Indian laws.
Errors of judgment do not necessarily imply negligence..
In the cases involving medical negligence, at the beginning, the person alleging the negligence has the initial onus to make out a case of negligence, and thereafter the onus shifts on to the doctor or the hospital to satisfy that there was no lack of care or diligence
The existence of doctor–patient relationship is a prerequisite to fasten liability on the doctor.
Every patient has a right of self-determination and to reject the treatment even if such rejection were to be considered foolish by most rationale standards, and the medical professional cannot impose his will.
In your case there is a possibility of vicarious liability against you, but in my opiniuon this may not lead to a medical negligence.
dear client,
As a practice owner, you may be held liable for the actions of your employees, including the consultant surgeon who performed the procedure on your patient. However, if the patient signed a consent form, it shows that they were informed about the risks and benefits of the procedure and agreed to undergo it voluntarily. The consent form also shows that the patient was informed about the possibility of complications, including the risk of nerve injury.
In the present case, since the same surgeon performed the previous procedure on the same patient without any complications, it suggests that the complications arising in the present case are likely due to factors beyond your control. However, it is important to document everything, including the consent forms, the procedure recordings, and any post-operative follow-up appointments, to demonstrate that you took appropriate measures to provide quality care.
It is also advisable to consult with an attorney who specializes in medical malpractice to review the facts of the case and advise you on any further precautions you may need to take.
