Can You File a Lawsuit Against a Dentist for Medical Malpractice?
Posted December 12, 2018 by Katie Nelson & filed under Medical Malpractice, Personal Injury.
Maintaining a healthy mouth is critical to oral hygiene, and many dentists highlight its importance. Going to the dentist for cleanings and check-ups twice a year to receive professional assistance with dental health is critical. Every time a patient goes to a dental office, they place their trust in dentists with the understanding that these professionals are going to provide expert care and service. Therefore, when dentists are unable to upkeep a standard level of professionalism and care to patients, there is a problem. It causes patients to lose their faith in dental professionals because of the negligence displayed by a former practitioner.
A dentist’s inability to provide proper dental care is a representation of dental malpractice. If you believe you have been a victim of this form of negligence, you can seek legal help. Continue reading below to uncover more information surrounding this issue and to see how you can build a dental malpractice claim successfully.
What is Dental Malpractice?
Dental malpractice is a stem of medical malpractice. It occurs when a dentist falls short in providing the expected form of care and treatment to a patient. When this transpires, injuries result due to negligence and a lack of concern. The inability to accurately diagnose issues or provide the correct treatment as a result of malicious intent or incompetence is dental malpractice.
All medical professionals have a standard level of care that they are required to follow. When a victim is claiming dental malpractice, a comparable method is used to measure the negligence of the accused dentist. This evaluation involves comparing the performance and actions of qualified dental professionals in the same field to the misconduct carried out by the accused dental expert. This procedure is how you can legally document impropriety.
In almost all cases of medical malpractice, a practiced professional within the field is called upon to provide information on the appropriate care and services that should be offered to a patient based on their condition. Through this testimony, your legal team can illustrate how your dentist’s misconduct is malpractice and departs from usual standards.
Types of Dental Malpractice
There are various forms of negligence and dental malpractice that result in injuries. When forming a malpractice case against a dentist, there are some things to consider. It can become quite complicated to present a case unless you understand the situations that call for a dental malpractice claim. Below are some examples of the occurrences that arise due to negligence, often causing injuries.
Improper Use of Dental Instruments
Dentists receive significant training in their field. After receiving this extensive education, it is expected that they will adopt a level of skill to use dental instruments strategically and professionally. Patients do not anticipate going to the dentist to become victims of negligence. Thus, when dentists use dental tools in a manner for which it was not intended, this can cause severe injuries and harm to the patient.
For example, the use of rusty instruments on clients, improper use of a sterilizer, re-using the same unsanitary apparatus on all patients, and negligent behavior when managing sharp dental tools are some of the actions that are deemed unacceptable for trained dentists.
Improper or Unnecessary Treatment or Surgery
In addition to the adequate use of tools, patients expect to receive appropriate treatment to resolve their dental conditions. Dental malpractice is present when dentists improperly administer treatment or surgery, or they do so without adequately adhering to the originating source of the dental issue. They provide incorrect therapy or surgery that is not warranted for the problem and, as a result, they have not treated the patient effectively. Instead, the treatment or surgery may exacerbate the dental issue, increasing its severity and longevity.
Other situations involve performing surgery when it is not required. The dentist did not consider other non-surgical options or chose not to pursue a less invasive route. That is also a form of malpractice.
Treatments Resulting in Infections
It is also considered malpractice when a dentist performs a surgery carelessly. For instance, negligence includes when dentists exhibit very little concern or interest in what they are doing concerning open wounds, improper fillings, or incomplete procedures that leave the mouth susceptible to infections and diseases. Overall, any action that is performed in a manner that results in injuries or harm that could have been avoided is a display of negligence.
Failure to Identify & Diagnose Dental Diseases or Disorders
Dentists have a job to perform, which involves identifying, diagnosing, and properly treating dental diseases and disorders. When dentists fail to deliver dental care adequately, and in a manner that is deemed suitable for the needs of the patient, that is dental malpractice.
Issues that are left undiagnosed can develop into problems that are extensive and require extreme treatment to repair. Failure to perform routine tasks as a skilled dentist is negligence and a complete disregard of the patient’s needs.
Additional forms of negligence and dental malpractice include errors during extractions, severe oral infections, permanent nerve damage to the face, lips, jaw, or tongue, poor administration of anesthesia by a dentist, and lack of informed consent.
Making a Case for Dental Malpractice
Malpractice and negligence can be difficult to prove. However, you can construct a case with extensive evidence that dental malpractice was present when you received “care.” Before a malpractice claim is established, you must be able to prove a few things.
First, it must be confirmed that a patient-dentist relationship existed. That involves providing dental records, receipts, and other clear evidence of this association. Next, you must be able to prove that the dentist demonstrated negligence by failing to provide appropriate care and that injuries were sustained following a procedure and as a direct result from it. That can be shown with dated pictures corresponding to the dates and time frames on dental records.
Subsequently, malpractice must be confirmed in a manner that illustrates an identifiable relationship between the cause of negligence and the outcome. Lawyers can work with you to prove causation.
Lastly, malpractice claims require proof of damages such as loss of money, nerve damage, trauma, and other perils that have resulted from the treatment. If these damages can be proven, and negligence is apparent, then you can build a successful case.
Dyer, Garofalo, Mann, & Schultz Can Help You File A Malpractice Claim
Dentists are professionals who are expected to adhere to a standard level of care. When they disregard their training and medical oaths, and they deviate from standard actions, they are committing malpractice. At Dyer, Garofalo, Mann, & Schultz, we understand the complexities attributed to filing a malpractice claim. We will work hard with you to help you develop a successful dental malpractice case. If you have sustained injuries due to the utter negligence of a dental professional, contact our team for a free case evaluation.
Tags: Dentist, Lawsuit, Medical Malpractice
Originally published at dgmslaw.com on December 12, 2018.
