Dental negligence can leave you with a lifetime of painful dental problems and costly treatment. The consequences can be serious, too: a recent study found that people in the U.S. who have had at least one tooth knocked out are twice as likely to die as those without this type of tooth injury.
While most dental injuries are avoidable, dentists do make mistakes. When they do, victims may be entitled to compensation for the pain and suffering they experienced as well as the medical bills and lost wages caused by their injuries. In this article, we will learn more about dental malpractice and how to get a malpractice attorney to take your case.
Can You Sue a Dentist For Bad Dental Work?
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If you are injured by a dental provider, you may have the right to sue that provider for malpractice.
In order to pursue a lawsuit against a dental provider, you must be able to prove that they did not provide the standard level of care required from a dentist, dental hygienist, or another dental health care provider and that their failure caused serious injury.
There are two main types of malpractice lawsuits against a dentist:
Dental negligence claims where the dentist does not meet the standard of care set by the American Dental Association (ADA), A few examples of ADA standards are:
- providing adequate patient information about treatment options and risks;
- making sure patients understand how much pain is expected; and
- informing patients about medications and other treatments that can be used to relieve pain.
The second type of malpractice claim involves the failure to provide the full scope of dental services requested by the patient from a dentist. This type of claim is sometimes referred to as a breach of contract or breach of warranty. Examples include:
- Failure to provide x-rays or other diagnostic tests;
- Failure to provide fillings or crowns on time; and
- Failure to provide fluoride treatment on time.
A dentist who fails to take care of your teeth can expose you to the risk of infection and pain, which can result in serious injury. Dental negligence is not limited to just cavities; this type of malpractice can include problems related to tooth implantation, root canal therapy, or other dental procedures.
How Do I Prove Dental Malpractice?
Dental malpractice cases can be complex and require expertise in several areas. For example, if you present us with a complaint that alleges dental negligence and you do not have evidence that may reflect the mistakes made at our office, we will be unable to provide you with the legal advice and representation you need to take action against your dentist.
There are two ways to file a lawsuit in this court: you can either file a claim with your insurance company or you can sue the doctor personally. There are pros and cons to each approach. If you have insurance coverage, take advantage of it wherever possible because it will often cover all or part of any damages awarded. This is possible because the insurance company is required to defend doctors and dentists against lawsuits filed by patients.
If you don't have insurance coverage, you'll need to bring money into court with you when you testify — as much as $200,000 for pain and suffering. You'll also need to find experts who can attest to your injuries, such as orthodontists or podiatrists.
Reasons to File a Malpractice Case Against Your Dentist
If you find yourself in a dental emergency situation because of your dentist's negligence, it's wise to consider filing a malpractice case against your dentist. If the dentist has committed acts of negligence or breach of duty towards you, you may be able to receive compensation for medical expenses and lost income.
A dental malpractice case can be filed by a patient whose health has been impaired due to any action taken by the dentist. For example, if the dentist has missed a cavity and as a result, you have become ill, your health may have been affected.
Under the law, if you are able to prove that your doctor or dentist acted negligently in his or her professional practice, you could be entitled to damages in the form of monetary compensation.
Here are just some scenarios:
1. Complications from anesthesia.
In many cases, a dentist may be at fault for not using an anesthetic that's suitable for someone with your particular health condition. In some cases, surgery may be performed without anesthesia, which can cause damage to nerves in the neck and back.
2. Failure to diagnose oral diseases or cancers.
Sometimes a diagnosis is missed even when there is no change in symptoms. This may be due to a lack of familiarity with certain conditions or testing procedures, as well as the way they were being practiced at the time.
3. Injuries to oral nerves.
Damage from anesthesia can compromise nerve function and cause pain even when there is no evidence of nerve injury during surgery. Headaches and numbness are common after surgery where you suffer nerve damage because nerve function is often damaged during anesthesia. In addition, poor communication between doctors and dentists can lead to unnecessary surgeries and procedures that don't meet patient needs and expectations.
4. Infections.
If a toothache doesn't clear up after a few days, or you feel sick after a visit, it's possible that you might have contracted an infection from your dentist. The question is whether your dentist caused the infection. Most dentists take preventative measures, such as chlorinating the instruments used on patients and using barriers between them and patients, to keep infections at bay. But even if you're given a new protective cover for your teeth during cleaning or filling, there are still ways that an infection can happen.
This could be due to improper sterilization of tools and instruments. Pretty much any surface that touches your mouth or gums could pose a risk of infection. Even when you're being given an anesthetic, bacteria can find its way onto tools — most sedatives end up in the air or drip into the patient's bloodstream. If a sedative is left on your skin too long, it can be absorbed into the body through cuts or scrapes
5.Wrongful Death.
Those unfortunate cases in which a patient dies after treatment performed by a dentist will usually include at least one of the following: aesthetic procedures, root-canal surgery or dental implants. While the dentist might be responsible for the death of their patient, they can also take legal action to recoup financial losses related to the death.
In most jurisdictions, a dentist is liable if they cause a patient's death while they're practicing dentistry. But there are some states that specify certain procedures as being outside of their scope of practice.
Takeaway
Before you take any action, make sure that you have the facts. If your dentist has a history of malpractice suits or if no one else in your family ever had dental work performed by this particular dentist, you may have a case to sue.
Although it can be difficult to prove negligence, there are some cases where a dentist's actions (or inactions) could lead to a malpractice suit. The most common examples include doing procedures that were not medically necessary, prescribing medication that was not approved by the FDA, and not properly maintaining equipment.
If you believe that you may have evidence of a malpractice case against your dentist, consult with an attorney who specializes in medical malpractice law. A lawyer can provide advice about whether filing such a suit is appropriate and investigate your claim before taking any action.