You can contact your personal injury lawyer and file a lawsuit to sue the dentist. However, filing a lawsuit is only the first step. To win the case or receive monetary compensation, you must prove how the dentist’s substandard treatment settles in the dental malpractice law, which harmed you.
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The Four Necessary Ingredients to Successfully Sue Your Dentist
Why do dentists get sued for malpractice? Like any other medical professional, dentists in the U.S. can be sued for malpractice if they fail to provide the acceptable standard of care. This might happen if a dentist leaves a broken instrument in your mouth, or if you suffer an injury as a result of the dentist’s negligence.
Like any other medical professional, dentists in the U.S. can be sued for malpractice if they fail to provide the acceptable standard of care. This might happen if a dentist leaves a broken instrument in your mouth, or if you suffer an injury as a result of the dentist's negligence.
Common reasons someone may file a dental malpractice case include:Infections.Anesthesia complications.Oral-nerve injuries.Failure to diagnose or treat a condition.Lack of informed consent.Misdiagnosis.Delayed treatment.
There are two basic types of malpractice insurance — 'claims-made' and 'occurrence'.
One common reason dentists are accused of malpractice is because they fail to procure a patient's informed refusal or consent to carry out a given procedure. When a patient doesn't provide their consent for X-rays necessary for a dentist to diagnose a condition, it's important for him or her to get that in writing.
To sue your dentist, you will need to show that they didn't follow the standard of care required by the dental profession and their failure caused your injury. A malpractice attorney is the best person to listen to your situation and tell you if you have a strong malpractice claim.
You can sue your dentist if they have failed to provide an acceptable standard of care. This usually occurs when their direct action or inaction has led you to suffer avoidable injury, harm or suffering.
Occurrence malpractice insurance provides coverage for incidents that occurred during the policy year, regardless of when a claim is reported to the carrier. Claims-made malpractice insurance provides coverage if the policy is in effect both when the incident took place AND when the claim is filed.
Failure or delay in the diagnosis of an oral condition or disease. Dental surgical errors. Improper or inappropriate treatment of a dental condition. Use of a defective or ill fitting dental device.
First, discuss any concerns you have with your dentist. Many times this will help clear up the matter. If further assistance is required, patients have other options: Contact your state dental society to ask if they have a process called peer review.
Can you sue a dentist for a bad root canal? Yes, in some cases you can sue your dentist for a bad root canal treatment if the procedure was not performed to an acceptable standard, or if your dentist neglected their duty of care, resulting in unnecessary pain, harm and suffering.
Abstract. Prolonged and possibly permanent change in sensation due to nerve damage can occur after dental injections. Although the condition is rare, many practitioners will see this form of nerve injury during their careers.
In most instances, any of the following are caused by substandard dental care.Rough fillings. ... Decay remains trapped below the filling. ... Improper shape/anatomy of the filling. ... Wrong material used.
Risk management involves the development of a plan to monitor areas of a dental practice, including, but not limited to, the doctor-patient relationship (DPR), informed consent, and documentation, otherwise referred to as a “triad of concerns” to avoid perceived or potential problems in the practice of dentistry.
What this means is that the person suing is a patient of the dentist. The dentist must have accepted the plaintiff as a patient, and agreed to treat them; Standard of Care Breach: The plaintiff will need to prove that the dentist acted below the applicable standard of care.
As such, dentists have a legal duty to their patients to concentrate on what they are doing at all times, and ensure they are working within their scope of practice. Failure to do so could lead to an instance of dental malpractice.
Unfortunately for the plaintiff, this first test can be difficult to prove because it generally can only be established through expert testimony.
Suing a dentist in small claims court may prove more successful for those cases involving injuries such as an inadequate crown, or botched root canal. If you would like to pursue a dental malpractice claim in small claims court, you must first obtain a report from another dentist.
Dentists can be sued for a variety of incidents so long as those incidents result in injury from the dental work. Examples of reasons to sue a dentist include, but are not limited to: Unnecessary surgery. It is possible to sue a dentist for nerve damage.
Suing a dentist for medical malpractice will likely utilize the same legal principles as personal injury torts. The injured party (known as the plaintiff) must prove the following elements in order to be successful in a lawsuit against the dentist (known as the defendant): Duty: The dentist must owe a duty to you.
What this means is that, generally speaking, dental injuries are not considered substantial enough to constitute filing a lawsuit. Dentists must maintain a professional standard of care when working in and around a person’s mouth.
Dental malpractice is a serious legal ground for suing a dentist. These constitute a variety of incidents that result in injury during a dental procedure. The most common injury that requires a lawsuit is nerve damage to the facial and oral cavity. The list below shows more common reasons to sue a dentist:
Suing a dentist for negligence will require the same legal elements as personal injury torts. For the plaintiff to have a case against the defendant that holds in court, you must prove the following:
The procedures for filing a lawsuit against a dentist will vary depending on each state’s laws and statutory requirements. You also need to look into the proper court to file the lawsuit. For cases involving minor injuries such as a substandard crown or a fumbled root canal, suing in small claims court would suffice.
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Being a victim of dental malpractice can also cause emotional suffering and cost you in medical bills or missed work. Your attorney will help you decide how much money to ask for. It should cover bills, missed wages, and possibly extra money for your suffering. 4. The dentist's error was the cause of your injury.
Most states have a two-year limit, also called "statute of limitations.". These laws can vary by state, but two years is standard for malpractice suits. You can prove this by showing when the appointment happened and when you had the injury or pain assessed by another dental professional.
If the dentist did a procedure you did not approve, or the work they did caused an unexpected injury, such as permanent nerve damage, you should explore a dental malpractice claim. Keep in mind that soreness after the dentist can be expected and last weeks.
You suffered an injury. This is called "damages" in a medical malpractice claim, and it covers both the injury that was done to you and the money you want as compensation. Physical pain and suffering can be easy to document in doctor visits or procedures to fix the pain.
What the dentist did was wrong. This is called a "breach of duty" and means the dentist did not follow an acceptable standard of care. Think of it this way: If another competent dentist would not have done what your dentist did, you may have a good case.
The dentist's error was the cause of your injury. You can show "causation" through expert witnesses or a second opinion from another dentist or orthodontist. Essentially, you need to know the injury was the dentist's fault.
For example, an oral surgeon performing a root canal on the wrong tooth is a horrible accident. However, you can't just say it was wrong. You will need to get dental records and evidence from the dentist to show it was wrong. Some dental offices will try to avoid releasing this information.
There are many types of injuries that could happen as a result of dental malpractice, but these are the most common types of dental malpractice lawsuits: Improper tooth extractions. Failure to diagnose conditions like TMJ or oral cancer. Lack of informed consent for procedures.
Breach and causation. Breach and causation will be the critical pieces of your dental malpractice lawsuit. Your lawyer will need to prove that the dentist either caused the injury or made an existing condition worse because of their action or inaction.
Here are 10 examples of dental injuries that commonly result in malpractice lawsuits: Extractions. An extraction (commonly referred to as “getting a tooth pulled”) could result in an infection that requires hospitalization. Some lawsuits arise because of sinus perforations during a tooth extraction. In many cases, the lawsuit is not ...
Negligence lawsuits involve harm caused by carelessness, not intentional harm. In a dental malpractice lawsuit, the plaintiff would need to prove these elements in order to make a successful claim: There was a dentist-patient relationship.
When a mistake is the result of negligence and causes physical, emotional and financial harm, it could be dental malpractice and you could be able to recover compensation through a personal injury lawsuit.
The proper procedure after this happens is for a dentist to either follow up with the patient to treat the injury or to refer them to an oral surgeon for additional treatment. Adverse drug reactions.
The dentist did not follow the standard of care. The patient was injured because of the dentist’s failure to follow the standard of care. The patient’s injuries resulted in financial costs. Usually, there’s no dispute about the existence of the dentist-patient relationship, so that’s an easy element to meet.
Like any other medical professional, Dentists inform you about the treatment and its procedure that they will practice to treat you. If the dentist performs a procedure that was not conveyed to you. This procedure qualifies as medical malpractice.
A breach of duty is when your dentist fails to follow a standard of care while treating you. A breach is not only applicable when their failure to follow the standard of care results in damage.
Causation refers to the causal relationship between your dentist’s breach of duty and the standard of care in terms of the injury you have sustained. This means there must be a cause for your dentist’s action resulting in an injury. Consider thinking of a different scenario where your dentist could have pursued a different course of action.
Below are the elements that make your claim for medical malpractice eligible.
The best way to deal with the damage you suffered due to your dentist’s sub-standard treatment is to consult a personal injury lawyer. They will help you figure out if the dental malpractice law supports your claim. However, it is best to analyze the facts first. And then see if your claim has the elements to make a case against your dentist.
Any time you suffer pain and other damages because a medical professional fails to provide the standard of care. This rule applies equally to doctors, hospitals, dentists, etc. In most cases, this counts as medical malpractice. If it involves a dentist, dental surgeon or dental assistant, this counts as dental malpractice.
Like any other legal issue, you must prove certain elements or circumstances for a successful dental malpractice case:
The short answer about whether you can sue a deceased medical professional: Yes. You can sue a medical professional’s estate after he or she passes away. However, laws and requirements can vary from state to state.
All these factors mean that every medical malpractice case is unique. Without knowing the details of the case and relevant state laws, it’s impossible to provide legal advice online.
To sue a dentist for medical malpractice, you must be able to prove that you suffered an injury as a result of a dentist’s provision of sub-standard care. To establish proof when suing a dentist, you will need to prove these four principles: Duty, Breach of Duty, Causation, and Damages.
Reasons to Sue a Dentist: 1 Anesthesia Complications 2 Failure to Diagnose Oral Diseases or Cancers 3 Injuries to Oral Nerves 4 Complications with Bridges and Crowns 5 Tooth Extraction Problems 6 Root Canal Injuries 7 Complications from Novocain 8 Infections 9 Wrongful Death
The second most common alleged negligence was due to endodontic procedures. Of the above negligence claims due to endodontic procedures, all of the defendants were general dentists. The complications included instruments left in canals, nerve and sinus perforations, air embolisms, and life-threatening infections, including four fatalities. Of the life-threatening infections, seven were due to brain abscesses, and one due to osteomyelitis. Of these eight infections, four were fatalities and four resulted in irreversible brain damage.
In the implant loss subset, two to 10 implants were lost, and treatment planning was alleged to be deficient to non-existent. The patient with the post-operative infection succumbed to the infection. In 24 of the negligence claims involving dental implant surgery, the defendants were general dentists, and one was a periodontist.
What To Know About Dental Negligence Lawsuits. 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 patient.
There were 19 cases of failure to diagnose or treat periodontal disease in a timely fashion. All defendants were general dentists. In the majority of these cases, X-rays were not taken routinely, and periodontal probings were rarely or never recorded.
A clear treatment plan (including documentation explaining the reason for any treatment for which the patient has been billed), and. Notes were written at or near the time of the patient’s treatment. Keep in mind that many people will examine the dental record if there is a lawsuit.
If you think you've been the victim of dental malpractice, you may want to contact an experienced medical malpractice attorney to discuss your case and your legal options.
If your dentist fails to treat you in line with the applicable standard of care, the dentist has breached his or her legal duty. Keep in mind that in a dental malpractice case, an unfortunate or unsuccessful result does not automatically equal a breach of duty. Learn more about when it's malpractice, and when it's not.
As a plaintiff, you are charged with proving that your dentist's breach of the standard of care caused you harm. Damages in a malpractice case can be physical (nerve damage, tooth loss), financial (costs associated with correcting your dentist's mistakes) or non-economic ( pain and suffering ). As long as your damages were caused by your dentist's ...
Duty, breach, causation and damages are the four basic building blocks of any dental malpractice case. If you can't make a basic showing of each of the four elements, your case will likely be dismissed without ever being presented to a jury.
Though medical malpractice laws vary from state to state, plaintiffs in these kinds of cases usually need to meet a four -pronged threshold in order to establish the health care professional's liability. Those four prongs usually consist of some variation of: duty under the medical standard of care. breach of that duty.
This is simply the legal way of saying that your dentist has a duty to provide care at the same level a similarly educated dentist practicing in your area would provide. Learn more about the medical standard of care in medical malpractice lawsuits.
State laws related to medical malpractice aren't limited to doctors; dentists and other health care professionals can also be held liable for injuries caused by the provision of sub-standard treatment . An incident involving dental malpractice gives rise to a very specific type of civil lawsuit in which the plaintiff alleges medical negligence.
There should be “damages” in a malpractice claim to uncover the causality of the incident. The damages may come in the form of physical injuries, physical pain, and suffering. If proper documentation has proven negligence from your dentist’s end, they must make necessary compensation and claims upon the judge’s decision.
It is also popularly known as “Statute of limitations”, which is often a two-year limit.
Probation. Probation sentences for dental malpractice come in addition to incarceration and fines. Invoking probation means the court has decided to impose limitations and conditions on the dentist. These limitations are responsible for refraining any offender from committing further damages or additional crimes.
Also known as “Breach of Duty”, a dentist failing to practice an acceptable standard of care did not follow the proper dental care protocols. On the other side, this element also disproves a dentist’s competency in performing his duties.
Cosmetic Dentistry. There are some cosmetic dentistry techniques where a dentist fails to correctly deliver his dental work, resulting in permanent damage to the victim’s teeth. Such injuries may arise in the form of excessive removal of enamel in preparation for veneers.
When you don’t have a personal dental care provider, chances are you can encounter a bad dentist. If your dental work has resulted in a personal injury, you are eligible to take legal action and make your malpractice claim. The personal injury law states that the person responsible should give the victim the necessary relief provided ...
Failure to perform according to the proper dental care techniques may cause permanent and severe nerve damages. You can find these nerve damages on the tongue, lips, jaws, and face.