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Contributed by Rosie Cisneros

If you’ve been reading THE LODMELL REPORT for the last year, you probably know that medical malpractice isn’t the only type of lawsuit that medical practitioners have to worry about. The courts are packed with discrimination, harassment and wrongful discharge suits. Now it appears that “old equipment” is a new worry for doctors.

In June of 2004, the Iowa Court of Appeals reinstated a lawsuit against a Waterloo, IA dentist. The Appeals Court said that a jury should decide whether the dentist was negligent when his 20-year-old dentist’s chair gave way under the patient.

According to the suit, the patient’s teeth had been cleaned and a dental assistant was raising the chair when it collapsed. The patient was then thrown against the sink and cabinet and is claiming head and shoulder injuries that have now caused limited disability. The patient is suing for $12,500 in medical bills and pain and suffering for the disability.

The Court of Appeals said that the dentist, Ronald King, “was aware of the age of the chair and its need for repair, and inspecting the chair would not prove particularly difficult.” The Court added that “a dental patient is entitled to certain expectations for his safety when he is seated in a dental chair in a dentist’s office.”

From slippery floors to upset employees, there is a plethora of liabilities in every medical office. Just remember that it’s best to keep equipment properly serviced to avoid future litigation.

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