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California jury awards a patient $1.7 million after they determine that 3D imaging could have avoided a misplaced dental implant and permanent facial pain.

As the cost of 3D imaging comes down, and as surgical planning and guides get less expensive, it’s becoming harder to justify NOT using one. Cases like this one are pointing in that direction.

In this case, the verdict hinged on the interpretation of informed consent and standard of care, according to Edwin Zinman, D.D.S., ID., in a lecture at the 2009 California Dental Association (CDA) fall meeting.

“Informed consent is meant to be a shield, not a sword,” Dr. Zinman said. “It is all about protecting the best interest of the patient” — and, in the process, protecting the dentist’s best interests as well.

How one applies informed consent in both a clinical and legal setting involves determining whether the standard of care is being met, he noted. In the California case, for example, the implant had been placed so deeply it went into the inferior alveolar nerve canal and also exited out the other side, resulting in permanent pain for the patient (Journal of the History, of Dentistry, Winter 2007, Vol. 55:3, pp. 134-138). The jury concluded that correctly interpreted 3D imaging would have avoided the injury and that the dentist should have used 3D imaging to minimize the risk of over drilling.

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