Dental Malpractice: What You Need to Know

Dental malpractice is a form of medical malpractice that deals with injuries that occur due to inappropriate or irresponsible dental treatment.

Highlights:

The dentist should perform his/her duty to perfection to provide the best possible dental care
There are several cases where dentists put their patient's health at risk by being negligent
Knowing the varied aspects related to this form of malpractice will help you take steps in the right direction

We generally trust our dentist to take care of our teeth and successfully treat any problems. Although dental procedures are usually safe, malpractice still occurs. Dentists can make mistakes just like any other doctor.

According to the National Practitioner Data Bank, one out of every seven medical malpractice cases directly involved a dental professional. Dental malpractice can lead to long-term complications and cause pain for a lifetime.

You don't want to endure such suffering. Therefore, you must be extremely careful about the quality of dental care you receive from the dentist. Knowing the varied aspects related to this form of malpractice will help you take steps in the right direction.

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‘The patient must show that the dentist acted in a negligent manner that resulted in oral injuries to prove dental malpractice.’
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What is Dental Malpractice?

Dental malpractice refers to an injury resulting from negligent dental care, failure to diagnose or treat a potentially dangerous condition, failure to diagnose or treat oral disease promptly, or any other form of intentional misconduct by the dentist ().

Dental malpractice tends to get less attention than other forms of medical malpractice, but it can have a significant impact on a person. Many health conditions are related to oral health issues, and dental care also affects the patient’s appearance.

If your dentist harms you through negligence or intentional wrongful acts, you can file a dental malpractice lawsuit to recover compensation. Many claims also settle outside of court when the dentist’s malpractice insurer makes a settlement offer.

The types of injuries that can occur during dental procedures include nerve injury to the jaw, lips, and tongue; anesthesia injuries and deaths; injury to the jaw bones; injury to the teeth or gums; mouth opening problems resulting from braces treatment; and injuries or infections resulting from the use of dental products.

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Types of Dental Malpractice

If you wish to recover compensation for dental malpractice, there are types of dental malpractice you will need to prove. The common reasons for dental malpractice are failure to diagnose conditions such as oral cancer or periodontal disease, failure to advise the patient of diagnosis, improper diagnosis, lack of informed consent, procedural errors, and medication errors.

How to Prove Dental Malpractice

To prove that a dentist is guilty of dental malpractice, the patient needs four elements that show the dentist acted in a negligent manner.

Duty of Care

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This means the dentist had an obligation to provide you with treatment. When you become a patient, a duty of care is created.

Breach of Duty

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The dentist’s conduct is compared with what a reasonably competent, similarly trained professional would have done under the circumstances. Both acts and omissions are considered when determining if the dentist breached his duty of care.

Injury

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The patient was injured while undergoing a dental procedure.

Causation

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The patient’s injury was a result of the dentist’s breach of duty.
You should be compensated for the harm you experienced. You were damaged in a way that entitles you to compensation for the resulting losses. An experienced dental malpractice lawyer can offer assistance in gathering the necessary evidence to prove each of these elements of a successful dental malpractice claim.

Dental Treatment
All types of dental treatments are excluded except those arising out of accident.All types of dental treatments are excluded except those arising out of accident

How to Sue a Dentist

To sue a dentist for dental malpractice, you must be able to prove that you suffered an injury as a result of the dentist’s provision of sub-standard care. One of the most important defenses in a dental malpractice case is proper documentation.

The patient’s dental record must contain a clear chronology of events, future treatment plans, and all the important communication between the dentist and the patient.

Comprehensive documentation also includes a copy of the written informed consent for any procedures that were done, a clear record of the patient’s history, a clear treatment plan, and notes written at or near the time of the patient’s treatment.

Keep in mind that many people will examine the dental records if there is a lawsuit. Missing pages, inconsistencies, or unclear documentation will be problematic for the lawyer.

Also remember, dissatisfaction with the result of the dentist's services doesn't give you the ground to sue. Dental malpractice suits can be brought against practitioners only when they fail to uphold the acceptable standard of care, or when they provide treatment that exceeds your informed consent ().

How to Prevent Dental Malpractice

You can spare yourself the nightmare in the first place by opting for a dentist who is qualified, experienced, and highly reputed. Going for the first dentist that you come across without checking his or her credentials can be very risky.

It is, therefore, essential that you take substantial time when choosing a dentist. Doing so will spare you a lot of trouble in the future. Talk to your friends, colleagues, friends, and family for recommendations based on their experiences.

You can also find dentists practicing in a particular area by searching online. There you can see unbiased reviews and opinions on each dentist in your region. This will provide you with a list of relevant results for local dentists with reviews from actual patients ().

Be sure to work with a skilled dentist that has the experience and skills to address what might be ailing you. Even a slight mistake on their part can leave you with a lifetime of dental trouble.

Most dentists provide their patients with care and treatment of the highest standards, but there can be times when a few of them become negligent and do not provide optimum service to their patients.

References:

A retrospective assessment of the dental malpractice cases filed in Riyadh from 2009-2015 - (https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9480803/)
Court decisions in criminal proceedings for dental malpractice in Taiwan - (https://pubmed.ncbi.nlm.nih.gov/34663527/)

Source-Medindia