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Affiliation(s)
- Katie Watson
- From the Feinberg School of Medicine, Northwestern University, Chicago (K.W.); and Santa Clara University School of Law, Santa Clara, CA (M.O.)
| | - Michelle Oberman
- From the Feinberg School of Medicine, Northwestern University, Chicago (K.W.); and Santa Clara University School of Law, Santa Clara, CA (M.O.)
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Oberman M, Lehmann LS. Doctors' duty to provide abortion information. J Law Biosci 2023; 10:lsad024. [PMID: 37664827 PMCID: PMC10474560 DOI: 10.1093/jlb/lsad024] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [What about the content of this article? (0)] [Affiliation(s)] [Abstract] [Key Words] [Grants] [Track Full Text] [Subscribe] [Scholar Register] [Received: 04/20/2023] [Revised: 07/09/2023] [Indexed: 09/05/2023]
Abstract
With abortion remaining legal in over half of the country and a proliferation of websites offering information on how to access abortion medications, for those who know where to look, there are sound options for safely ending an unwanted early-stage pregnancy. But not all patients have equal access to reliable information. This Article addresses the urgent downstream harms caused by the lack of access to abortion information, and argues that in view of these consequences, regardless of abortion's legal status, clinicians have a duty to provide their patients with abortion information. We begin by documenting clinicians' hesitation to share abortion information, drawing on our interviews with 25 doctors practicing medicine in a state where abortion is criminalized. Next, we explain why clinicians are duty-bound to provide all-options counseling. We then consider whether such duties shift where abortion is criminalized. After identifying the limited legal risks associated with supplying abortion information, and showing how, by requiring all-options counseling, professional societies might reduce risks to patients and clinicians, we conclude that, regardless of the legal status of abortion, clinicians have a professional responsibility to share basic abortion information - including treatment options and how to access those options.
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Oberman M. What will and won't happen when abortion is banned. J Law Biosci 2022; 9:lsac011. [PMID: 35496984 PMCID: PMC9050237 DOI: 10.1093/jlb/lsac011] [Citation(s) in RCA: 2] [Impact Index Per Article: 1.0] [Reference Citation Analysis] [What about the content of this article? (0)] [Affiliation(s)] [Abstract] [Key Words] [Grants] [Track Full Text] [Subscribe] [Scholar Register] [Received: 02/01/2022] [Revised: 03/14/2022] [Accepted: 03/15/2022] [Indexed: 06/14/2023]
Abstract
For the past 50 years, abortion opponents have fought for the power to ban abortion without little attention to how things might change when they won. The battle to make abortion illegal has been predicated on three nebulous assumptions about how abortion bans work. First, supporters believe banning abortion will deter it. Second, they hope bans will send a message about abortion-specifically, that abortion is immoral. And third, they expect bans to be competently implemented and enforced. Drawing on empirical work from within and outside of the U.S., this Article offers an evidence-based assessment of each of these assumptions. Part One examines the question of deterrence by exploring findings from countries with relatively high and relatively low abortion rates. After explaining why restrictive abortion laws alone do not reduce aggregate abortion rates, I consider the matter of individual deterrence. By identifying those most likely to be deterred by U.S. abortion bans, I illustrate how abortion bans intersect with structural inequalities to disproportionately impact poor women of color and their children. Part Two tests the idea that abortion bans send a message. I consider the bans' meaning in context with U.S. laws and policies affecting families, exposing the difference between laws discouraging abortion, and those encouraging childbirth. Then, drawing from literature on the expressive function of the law, I assess the limits on the message-sending capacity of abortion bans in a society divided over abortion and over its commitment to children living in poverty. Part Three turns to the expectation that abortion bans will be competently enforced, noting the legitimacy struggles arising from law enforcement patterns, along with the administrative challenges inherent in overseeing the various exceptions to abortion bans. This article concludes by considering why the consequences and limitations of abortion bans should matter to supporters and opponents, alike.
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Abstract
The problem at the heart of "Stemming the Standard-of-Care Sprawl: Clinician Self-Interest and the Case of Electronic Fetal Monitoring," an article by Kayte Spector-Bagdady and colleagues in the November-December 2017 issue of the Hastings Center Report, is the persistence of a suboptimal standard of care long after evidence-driven approaches would dictate a change. That problem is not simply defensive medicine, or what the authors call "standard-of-care sprawl." Instead, it is that, in some cases, the standard of care lags behind best practices. It gets stuck. The authors point to the genesis of the stickiness problem in their passing reference to a core truth: "The problem is that standard of care is not synonymous with best or evidence-based medicine." In my view, we might best understand the persistence of ineffective and even harmful medical interventions by acknowledging the regulatory vacuum in which such practices thrive. It is by default, not by design, that the profession relies on medical malpractice law to set the boundaries on acceptable practice.
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Oberman M. Motherhood, Abortion, and the Medicalization of Poverty. J Law Med Ethics 2018; 46:665-671. [PMID: 30336087 DOI: 10.1177/1073110518804221] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [What about the content of this article? (0)] [Affiliation(s)] [Abstract] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 06/08/2023]
Abstract
This article considers the impact of laws and policies that determine who experiences unplanned pregnancy, who has abortions, and how economic status shapes one's response to unplanned pregnancy. There is a well-documented correlation between abortion and poverty: poor women have more abortions than do their richer sisters. Equally well-documented is the correlation between unplanned pregnancy and poverty. Finally, the high cost of motherhood for poor women and their offspring manifests in disproportionately high lifelong rates of poverty, ill-health and mortality for offspring and mothers, alike. Read together, these factors offer a vivid illustration of the medicalization of poverty.
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Affiliation(s)
- Michelle Oberman
- Michelle Oberman, J.D., M.P.H., is the Alexander Professor of Law, Santa Clara University; author, Her Body, Our Laws: On the Frontlines of the Abortion War from El Salvador to Oklahoma (2018)
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Oberman M. Abortion Bans, Doctors, and the Criminalization of Patients. Hastings Cent Rep 2018; 48:5-6. [PMID: 29590511 DOI: 10.1002/hast.831] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [What about the content of this article? (0)] [Abstract] [MESH Headings] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 11/07/2022]
Abstract
January 2018, the American College of Obstetrics and Gynecology issued a position statement opposing the punishment of women for self-induced abortion. To those unfamiliar with emerging trends in abortion in the United States and worldwide, the need for the declaration might not be apparent. Several studies suggest that self-induced abortion is on the rise in the United States. Simultaneously, prosecutions of pregnant women for behavior thought to harm the fetus are increasing. The ACOG statement responds to both trends by urging doctors to honor the integrity and confidentiality inherent in the doctor-patient relationship. Seen in the context of the larger battle over legal abortion, the statement has far broader implications. By acknowledging the role doctors play in enforcing pregnancy-related crimes, the ACOG position statement wisely anticipates the ways in which doctors will be implicated should access to legal abortion be further restricted. To understand the need for the ACOG directive, you must first understand that the story of what will happen if abortion becomes a crime in the United States is not to be found in history books; it is staring at us across our southern border.
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Lo B, Parham L, Broom C, Cedars M, Gates E, Giudice L, Halme DG, Hershon W, Kriegstein A, Kwok PY, Oberman M, Roberts C, Wagner R. Importing human pluripotent stem cell lines derived at another institution: tailoring review to ethical concerns. Cell Stem Cell 2009; 4:115-23. [PMID: 19200800 DOI: 10.1016/j.stem.2009.01.013] [Citation(s) in RCA: 10] [Impact Index Per Article: 0.7] [Reference Citation Analysis] [What about the content of this article? (0)] [Affiliation(s)] [Abstract] [MESH Headings] [Grants] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 11/18/2022]
Abstract
Stem cell researchers commonly use human pluripotent stem cell lines derived by other investigators. Researchers may use lines derived elsewhere, provided that their derivation met consensus core standards. Some types of derivation raise heightened levels of ethical concern and require greater scrutiny. To maintain public trust, research institutions need to justify why they allow researchers to use lines whose derivation would not have been permitted locally.
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Affiliation(s)
- Bernard Lo
- Program in Medical Ethics, University of California-San Francisco, San Francisco, CA 94143, USA.
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Lo B, Zettler P, Cedars MI, Gates E, Kriegstein AR, Oberman M, Reijo Pera R, Wagner RM, Wuerth MT, Wolf LE, Yamamoto KR. Translational research: toward better characterization of human embryonic stem cell lines. Stem Cells 2006; 23:1454-9. [PMID: 16293581 DOI: 10.1634/stemcells.2005-ed.4] [Citation(s) in RCA: 19] [Impact Index Per Article: 1.1] [Reference Citation Analysis] [What about the content of this article? (0)] [Affiliation(s)] [Abstract] [MESH Headings] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 11/17/2022]
Abstract
Scientific progress in human embryonic stem cell (hESC) research and increased funding make it imperative to look ahead to the ethical issues generated by the expected use of hESCs for transplantation. Several issues should be addressed now, even though phase I clinical trials of hESC transplantation are still in the future. To minimize the risk of hESC transplantation, donors of materials used to derive hESC lines will need to be recontacted to update their medical history and screening. Because of privacy concerns, such recontact needs to be discussed and agreed to at the time of donation, before new hESC lines are derived. Informed consent for phase I clinical trials of hESC transplantation also raises ethical concerns. In previous phase I trials of highly innovative interventions, allegations that trial participants had not really understood the risk and benefits caused delays in subsequent trials. Thus, researchers should consider what information needs to be discussed during the consent process for hESC clinical trials and how to verify that participants have a realistic understanding of the study. Lack of attention to the special ethical concerns raised by clinical trials of hESC transplantation and their implications for the derivation of new hESC lines may undermine or delay progress toward stem cell therapies.
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Affiliation(s)
- Bernard Lo
- Program in Medical Ethics and Division of General Internal Medicine, University of California San Francisco, San Francisco, California, USA.
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Affiliation(s)
- Michelle Oberman
- DePaul University College of Law, 25 East Jackson Boulevard, Chicago, IL 60604, USA.
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Oberman M, Frader J. Dying children and medical research: access to clinical trials as benefit and burden. Am J Law Med 2003; 29:301-317. [PMID: 12961809] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [What about the content of this article? (0)] [Affiliation(s)] [Key Words] [MESH Headings] [Subscribe] [Scholar Register] [Indexed: 05/24/2023]
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Oberman M, Schaps M. Women's health and managed care. Tenn Law Rev 2002; 65:555-83. [PMID: 11863016] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [What about the content of this article? (0)] [Affiliation(s)] [Key Words] [MESH Headings] [Subscribe] [Scholar Register] [Indexed: 02/23/2023]
Affiliation(s)
- M Oberman
- DePaul University College of Law, USA
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Oberman M. Interview with Michelle Oberman, JD, MPH. Qual Manag Health Care 2001; 8:87-90. [PMID: 11183587] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [What about the content of this article? (0)] [MESH Headings] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 02/19/2023]
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Oberman M. Mothers and doctors' orders: unmasking the doctor's fiduciary role in maternal-fetal conflicts. Northwest Univ Law Rev 2000; 94:451-501. [PMID: 12455556] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [What about the content of this article? (0)] [Affiliation(s)] [Key Words] [MESH Headings] [Subscribe] [Scholar Register] [Indexed: 05/24/2023]
Affiliation(s)
- M Oberman
- DePaul University College of Law, USA
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Oberman M. Response to "Discontinuing life support in an infant of a drug addicted mother: whose decision is it?" By Renu Jain and David C. Thomasma (CQ Vol 6, No 1). Ethics and drug infants. Camb Q Healthc Ethics 1997; 6:235-9. [PMID: 9179417 DOI: 10.1017/s0963180100007854] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [What about the content of this article? (0)] [Key Words] [MESH Headings] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 02/04/2023]
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Abstract
Inconsistency may well be the hallmark of the teenage years. Frequently, teenagers are serious and adult-like, yet just as often, they are callow and unpredictable. Generally, they are all of these things, in no particular order. They studiously observe the adults in their lives, adopting certain values and behaviors, while wholly rejecting others. Their moods shift without warning, leaving entire households with the sensation that they are living on a roller-coaster. As a result, it is not entirely surprising that the legal system has had difficulty deciding how to respond to them. The laws devised to govern teenagers are layered, reflecting society's alternating perceptions of teenagers as adult-like and child-like, and our accompanying impulses to respect as well as to protect this population. Read together, these laws defy any consistent description of adolescent capacity. We have lived with these inconsistencies for so long, though, that they have grown rather familiar to us, and that we hardly recognize the puzzle in the fact that we trust eighteen year olds enough to let them fight and die in the military, but not enough to let them drink alcoholic beverages.
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Abstract
The present study evaluates the healing of an experimental standardized full thickness excisional wound in the palate of a sialadenectomized rat model. Experimental rats underwent sialadenectomy of the submandibular and sublingual glands and ligation of the parotid ducts. A full thickness circular wound, 3 mm in diameter, was produced in the palate. Wound diameter was measured clinically and the area of inflammation and area of new connective tissue formation were determined histologically at 3, 7, 14, 21 and 28 days post-surgery. Wound diameter was similar in both the experimental and the control groups. The area of inflammation, however, was larger (p less than 0.05) in experimental rats at days 3, 7 and 14. New connective tissue formation was less (p less than 0.05) in sialadenectomized rats at days 14 and 21. The present results indicate that palatal wound healing is altered and delayed in sialadenectomized rats.
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Affiliation(s)
- L Bodner
- Section of Oral and Maxillofacial Surgery, Maurice and Gabriela Goldschleger School of Dental Medicine, Tel Aviv University, Israel
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Oberman M. Sex, drugs, pregnancy, and the law: rethinking the problems of pregnant women who use drugs. Hastings Law J 1992; 43:505-548. [PMID: 11652105] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [What about the content of this article? (0)] [Key Words] [MESH Headings] [Subscribe] [Scholar Register] [Indexed: 05/23/2023]
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Abstract
An estimated 9202 drug-exposed infants were born in the United States in 1986 according to the National Center for Health Statistics; the number increased to 13,765 in 1988. These figures were substantially underreported, however, notes the 1990 report by the U.S. General Accounting Office (GAO) (1). It surveyed 10 hospitals, two each in Boston, Chicago, Los Angeles, New York, and San Antonio, accounting for 44,655 births, of which approximately 4000 resulted in drug-exposed infants in 1989. Maternal cocaine use was estimated to range from below 1 to 12 percent among the 10 hospitals. The GAO report concluded that the number of these infants born nationwide each year could be "very high," and that in these five cities the unavailability of drug treatment and lack of adequate prenatal care are contributing to the problem (1). Two health professionals and a health lawyer were invited to respond to some questions about the problems of cocaine and substance abuse by pregnant women and how maternity caregivers, health and social service agencies, law, and society are dealing with the issues.
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Oberman M. Sex, Drugs, and Pregnant Addicts: An Ethical and Legal Critique of Societal Responses to Pregnant Addicts. The Journal of Clinical Ethics 1990. [DOI: 10.1086/jce199001217] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [What about the content of this article? (0)] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 12/24/2022]
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Abstract
An instance of anesthesia of the lower lip caused by a compound odontoma in the mental foramen region is described. Removal of the odontoma was followed by a full recovery of the sensation.
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Ramon Y, Samra H, Oberman M. Mandibular condylosis and apertognathia as presenting symptoms in progressive systemic sclerosis (scleroderma). Pattern of mandibular bony lesions and atrophy of masticatory muscles in PSS, presumably caused by affected muscular arteries. Oral Surg Oral Med Oral Pathol 1987; 63:269-74. [PMID: 3473352 DOI: 10.1016/0030-4220(87)90188-5] [Citation(s) in RCA: 34] [Impact Index Per Article: 0.9] [Reference Citation Analysis] [What about the content of this article? (0)] [Abstract] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 01/05/2023]
Abstract
Apertognathia (open bite) is usually a developmental deformity of the jaws and the dentoalveolar segments in childhood and adolescence. The sudden insidious appearance of an open anterior bite in adult life is extremely rare and may be due to pathologic condylar fractures (with displacement) or to bilateral condylosis. To the best of our knowledge, only five cases of bilateral mandibular condylosis in progressive systemic sclerosis (PSS) have been reported in the literature, and the present article deals with the sixth known case. In the 22-year-old woman presented in this article the mandibular manifestations were the very early symptoms of PSS, which had a very rapid fatal course. A review of the literature is presented, and attention is called to the serious significance of sudden apertognathia. PSS is a chronic generalized disease of the small arterial vessels and the mesenchyme tissues of unknown origin. The musculoskeletal system is often involved, and the disease may affect the mandible, causing bony erosions, osteolysis, and atrophy of the masticatory muscles. It is believed that these bony lesions are of ischemic origin. The lesions, which are usually bilateral, occur only in the condyles, the coronoid processes, and the gonial angles. The main arterial blood supply to the mandible and to the major part of the ascending ramus originates from the inferior alveolar artery. The blood supply of the condyles, the coronoid processes, and the gonial angles originates in small muscular arteries.(ABSTRACT TRUNCATED AT 250 WORDS)
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Abstract
3 cases of accidental displacement of maxillary impacted 3rd molars are presented. 2 were displaced into the maxillary sinus and 1 into the infratemporal fossa. The difficulties in locating these displaced teeth are described and demonstrated on a dry skull model. The mode of treatment is discussed.
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Abstract
The paper describes a large pigmented maxillary tumor in a 46-day-old infant. The histological examination showed the tumor to be a melanotic neuroectodermal tumor of infancy (MNTI). No raised urinary levels of vanilmandelic acid could be shown. The tumor was surgically removed and during a 5 1/2-year follow-up period there was no clinical evidence of recurrence. The origin, behavior and treatment of these rare tumors are discussed.
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Ramon Y, Oberman M, Horowitz I, Freedman A, Tadmor R. A large mandibular tumor with a distinct radiological "sun-ray effect" as the primary manifestation of multiple myeloma. J Oral Surg 1978; 36:52-4. [PMID: 271213] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [What about the content of this article? (0)] [Abstract] [MESH Headings] [Subscribe] [Scholar Register] [Indexed: 12/14/2022]
Abstract
The significant feature of the reported case was that of a sinister-looking mandibular tumor highly suggestive of a metastatic lesion or of osteogenic sarcoma. A biopsy specimen and results of a thorough medical work-up showed the lesion to be multiple myeloma. The myeloma cells apparently have the capability to stimulate osteoblastic activity and new bone formation. This capability should be kept in mind when making the differential diagnosis of osteoblastic bony lesions of the jaws.
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Ramon Y, Oberman M, Horowitz I, Freedman A. Extensive maxillary sequestration resulting from rhinocerebral mucormyocosis. J Oral Surg 1977; 35:989-91. [PMID: 336855] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [What about the content of this article? (0)] [MESH Headings] [Subscribe] [Scholar Register] [Indexed: 12/14/2022]
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Abstract
An extremely rare tumor of the oral cavity, liposarcoma, is reported. The tumor was located in the submucosal layers of the cheek and protruded into the mouth. To the best of our knowledge this is the fourth reported instance of liposarcoma of the cheek in the world literature. Combined surgical excision and radiotherapy proved a success as judged by a 3-year follow-up.
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Ramon Y, Horowitz I, Oberman M, Freedman A, Tadmor R. Osteochondroma of the coronoid process of the mandible. Oral Surg Oral Med Oral Pathol 1977; 43:692-7. [PMID: 266148 DOI: 10.1016/0030-4220(77)90052-4] [Citation(s) in RCA: 19] [Impact Index Per Article: 0.4] [Reference Citation Analysis] [What about the content of this article? (0)] [Abstract] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 12/14/2022]
Abstract
A case of osteochondroma of the coronoid process is presented. The proper diagnosis of ill-defined symptoms in the temporomandibular joint requires conformity between clinical manifestations and radiologic findings. The importance of a thorough radiologic examination is stressed for the correct diagnosis of these rare, insidious, slow-growing tumors. A short review of the literature is presented, and the treatment and surgical approach to these tumors are discussed.
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Abstract
A case of osteomyelitis of the maxilla in a healthy infant is presented, the etiology of which seems to have been an upper respiratory tract infection. There was no evidence of lowered resistance and immunologic studies did not reveal any abnormality. Lincomycin seems to be the antibiotic drug of choice. In the present case, it was used, effectively, in conjunction with other antibiotics and surgical drainage.
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Abstract
The classic surgical approach to the maxillary sinus described originally by Caldwell and Luc, which is still very much in use, calls for an incision in the upper part of the buccal vestibulum. This incision has many disadvantages. A surgical technique that uses the full-thickness gingivomucoperiosteal flap avoids these disadvantages. This method was used in 74 cases during the last three years,and the results have been most satisfactory.
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Lewin-Epstein J, Ulmansky M, Oberman M, Gay I. Ameloblastic fibroma of the maxilla. Report of a case and review of the literature. J Laryngol Otol 1965; 79:976-86. [PMID: 5848038 DOI: 10.1017/s0022215100064677] [Citation(s) in RCA: 6] [Impact Index Per Article: 0.1] [Reference Citation Analysis] [What about the content of this article? (0)] [MESH Headings] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 01/17/2023]
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