What Does Med Mal Taste Like? Cancer, Probably. Dentist Sued for $6.6 Million After Patient Loses Half His Tongue.

Medical Justice provides consultations to doctors facing medico-legal obstacles. We have solutions for doctor-patient conflicts, unwarranted demands for refunds, online defamation (patient review mischief), meritless litigation, and a gazillion other issues. We also provide counsel specific to COVID-19. If you are navigating a medico-legal obstacle, visit our booking page to schedule a consultation – or use the tool shared below.

Our next case takes us to southern Oregon. A patient is suing his former dentist for $6.6 million. The patient/plaintiff alleges his dentist failed to properly diagnose the cancer that cost him 50% of his tongue.   

The case began in 2013. The patient visited his dentist for a routine checkup. During the visit, the patient complained that a portion of his tongue was discolored. The dentist ordered a biopsy. According to the dentist, the biopsy returned negative. The dentist told his patient he did not have cancer. Great news. But if he didn’t have cancer, what was the discolored mass? This question seems to have gone either unasked or unanswered.   

For the next seven years, the patient saw his dentist every six months for regular checkups. The patient claims he complained of the (growing) discolored mass each time. The patient also claims that his dentist insisted he had nothing to worry about during each visit.   

In August 2020 (about seven years after the original biopsy was performed and returned negative), the patient’s tongue erupted into an open sore. The patient attempted to schedule an appointment with his usual dentist (Southern Oregon Dental) and discovered that the office was closed. (This was when the pandemic was roaring.) Whether or not the practice notified the patient is not clear. Instead of scheduling an appointment with one of the practice’s other locations, he saw a new dentist. The dentist noticed the sore and immediately referred the man to an oral surgeon who performed another biopsy of the patient’s tongue – revealing advanced squamous cell carcinoma. 

To save the plaintiff’s life, surgeons removed the right half of his tongue and almost 70 lymph nodes from his neck. They replaced the right half of the man’s tongue with tissue harvested from his forearm. 

The legal case has not reached a conclusion – yet. We’ll provide an update once we learn of its conclusion.   

We started strong with a biopsy. And the negative result should have assuaged cancer fears in the short term. What isn’t clear is why the dentist did not react to the discolored mass after the patient complained of its increasing size over several years. One also wonders why the patient never sought a second opinion. If neither the dentist nor the patient believed the mass was cancerous, what did they think it was? Perhaps the dentists in the audience can enlighten us. 

Based on our understanding of the facts presented, the take-home points are straightforward. If your patient presents with a problem like this, take ownership of delivering a complete solution. It is likely (though not certain) that an additional biopsy would have corrected the initial misdiagnosis. A biopsy is often just a sampling of one area. Sometimes danger lurks at the edges. And if the patient’s condition doesn’t improve within the expected time frame, re-evaluate his care. As this case proves, tests we rely upon (such as cancer biopsies) can fail at critical moments.  

Let us know your thoughts in the comments below.   

Medical Justice provides consultations to doctors facing medico-legal obstacles. We have solutions for doctor-patient conflicts, unwarranted demands for refunds, online defamation (patient review mischief), meritless litigation, and a gazillion other issues. We also provide counsel specific to COVID-19. If you are navigating a medico-legal obstacle, visit our booking page to schedule a consultation – or use the tool shared below.

Jeffrey Segal, MD, JD

Chief Executive Officer and Founder

Dr. Jeffrey Segal, Chief Executive Officer and Founder of Medical Justice, is a board-certified neurosurgeon. Dr. Segal is a Fellow of the American College of Surgeons; the American College of Legal Medicine; and the American Association of Neurological Surgeons. He is also a member of the North American Spine Society. In the process of conceiving, funding, developing, and growing Medical Justice, Dr. Segal has established himself as one of the country’s leading authorities on medical malpractice issues, counterclaims, and internet-based assaults on reputation.

Dr. Segal was a practicing neurosurgeon for approximately ten years, during which time he also played an active role as a participant on various state-sanctioned medical review panels designed to decrease the incidence of meritless medical malpractice cases.

Dr. Segal holds a M.D. from Baylor College of Medicine, where he also completed a neurosurgical residency. Dr. Segal served as a Spinal Surgery Fellow at The University of South Florida Medical School. He is a member of Phi Beta Kappa as well as the AOA Medical Honor Society. Dr. Segal received his B.A. from the University of Texas and graduated with a J.D. from Concord Law School with highest honors.

In 2000, he co-founded and served as CEO of DarPharma, Inc, a biotechnology company in Chapel Hill, NC, focused on the discovery and development of first-of-class pharmaceuticals for neuropsychiatric disorders.

Dr. Segal is also a partner at Byrd Adatto, a national business and health care law firm. Byrd Adatto was selected as a Best Law Firm in the 2021 edition of the “Best Law Firms” list by U.S. News – Best Lawyers. With decades of combined experience in serving doctors, dentists, and other providers, Byrd Adatto has a national pedigree to address most legal issues that arise in the business and practice of medicine.