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Dental Malpractice

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Many patients despise visiting their dentist, however, this degree of dislike does not stop conscientious people from taking the time to get professional dental care.

When patients do show up for a dental appointment, they fully expect to receive the highest quality of care from their dentist. Unfortunately, this expectation is not always met.

Our team of legal professionals at The Eichholz Law Firm are positioned to help individuals who have suffered injury in the form of dental malpractice. If you are a victim who wants to hold a negligent dentist accountable, contact our office right away, and we can help you start the process. We are committed to seeing you get the maximum compensation available.

What Constitutes Dental Malpractice?

If patients experience mistreatment or if something wrong happens during a dental visit, many people are not aware that they may have just been the victim of dental malpractice. In short, dental malpractice constitutes a civil wrong whereby a dental professional has breached the duty of care owed to patients and caused harm or death.

Most people tend to think of physicians when they hear the words medical malpractice. Dentists and surgeons are also listed among those responsible for meeting an appropriate standard of care. Medical malpractice in the dental field includes negligence such as:

  • Failure to correctly diagnose a patient’s condition
  • Failure to get proper informed consent to perform a procedure
  • Failure to properly administer anesthesia
  • Failure to provide a necessary referral to a specialist or surgeon
  • Failure to properly treat an infection
  • Error with tooth extraction

Dental offices employ various individuals to perform procedures like X-rays or teeth cleaning. If these assistants or hygienists make errors that harm patients, the dentist could be held liable for negligence that stems from a failure to properly supervise these employees.

Common Forms of Dental Malpractice

There are various types of dental procedures and treatments. Listed below are those that most frequently result in a malpractice lawsuit.

  • Extractions – Health problems that stem from improper handling of a tooth extraction involve injections, resultant nerve damage, and puncturing of sinuses or nearby mouth tissue.
  • Dental Anesthesia – Anesthesia administered incorrectly is a common cause of dental malpractice that could result in death.
  • Dental Infections – Infections after dental procedures can cause blood poisoning, cardiac complications, and brain abscesses. Some cases require hospitalization and surgery.
  • Bridges and Crowns – Incorrectly placed bridges and crowns can cause gaps, infections, and the inability to properly chew.
  • Dental Implants – Infections, inadequate care afterward, and lost implants can occur.
  • Endodontic Procedures – Root canals and other similar procedures can result in blocked blood vessels, infections, nerve and sinus damage, and dental accessories left in the canal.
  • Orthodontics – Incorrectly installed braces or other orthodontic treatments can cause infections, multiple tooth loss, and root complications.
  • Periodontal Disease – Malpractice cases can result from failure to properly diagnose and treat this gum infection.
  • Oral Cancer – Failure to spot mouth cancers in a timely manner can be deadly for patients.

Various Dentistry Types

The practice of dentistry does not simply involve a local dentist who does fillings. Many procedures are accomplished at the office of another specialty dentist. The American Dental Association (ADA) recognizes 10 dental specialties. Some of the procedures performed by dental specialists require intensive surgeries or quite complicated processes. Some treatments are more likely to create room for error than others, thus dentists can make mistakes more easily with some procedures.

Prosthodontics

This field of specialty in dentistry sees the most malpractice suits brought against its dental professionals. Prothodontists help create and place natural-looking replacement or prosthetic teeth. Dentures and bridges fall within the scope of this dental specialty.

Endodontics

Next in the line of progression where malpractice is concerned is the field of endodontics. The endodontist focuses on treating the dental pulp inside a tooth. This specialist will typically perform about 25 root canal treatments in one week. Many of the procedures and steps involved can be extremely painful and affect the nerve in a tooth.

Restorative Dentistry

Restorative dentistry is not considered a specialty field of dentistry by the ADA. Contrary to popular belief, this branch is not number one on the list where malpractice cases are concerned. Within the scope of this line of dentistry is the management of oral problems and restoration of the mouth’s functionality. This dentist performs drilling, fillings, veneers and crowns, and can also perform most of the procedures done in periodontics and endodontics.

Proving Dental Malpractice

For an attorney to successfully present a case involving dental malpractice, some facts must be established. The following must be proven:

  1. A Relationship Exists – There must have been a dentist-patient relationship already established.
  2. Standard of Care – This refers to the level of medical care that similarly skilled dental professionals would have given in identical circumstances. An expert witness with experience in the same dental technique is typically called upon by the victim’s attorney to establish this standard of care.
  3. Breach of Care – The victim’s attorney must establish that the dental professional caused injury or worsened an existing condition by an action performed or the failure to perform a necessary action. An expert can help establish the manner in which care was breached, possibly through demonstrating the appropriate steps that would have prevented the injury.
  4. Injury Severity – Documentation of the injury from the beginning that shows the cause and the extent of damage.

Evidence Proving Damages

In order to effectively prove to the court that an injury occurred due to dental malpractice, the victim should start accumulating proof of the injury as soon as possible once the realization hits. Each piece of evidence can be important in building the entire picture of dental malpractice. The following evidence should be gathered:

Medical Records – The victim of dental malpractice needs verification from another dentist or doctor verifying the injury. A patient has the right to receive copies of medical records and X-rays from the original dentist. Obtain copies of all medical bills and other records.

Photographs and Video – Take pictures and video record the injury progressively from the moment of injury, detailing all disfigurement and swelling.

Communications – Keep the instruction sheets from the dental office, plus copies of authorization forms that were signed. Make written notes of everything the dental staff and dentist said leading up to, during, and following the injury.

Wages Lost – Document all time missed from work due to the injury. Request a statement of lost wages from the employer.

Possible Witnesses – Friends and family can help establish the victim’s condition leading up to and after the harmful procedure. Get written statements from them.

Compensation Available to Victims

In addition to proving liability, there are other factors involved in having a successful outcome with a dental malpractice lawsuit. It is necessary to also show the actual value of the damages that were suffered. The court can award financial relief for direct economic losses to the victim, plus non-economic damages as well.

Insurance companies, however, make it a practice to heavily challenge victims’ malpractice claims, even when dental negligence is apparent. Victims should be prepared for these insurance companies to attempt to undervalue the amount of damages when settlement negotiations are in process.

With strong legal counsel from The Eichholz Law Firm, insurance companies are forced to contend with highly skilled lawyers who know how to push back against the strong-arm tactics commonly used to intimidate victims. Our legal team will be seeking compensation for the victim’s:

  • Emergency medical costs
  • Loss of current and future wages
  • All related dental/medical charges
  • Permanent impairment and/or disfigurement
  • Emotional distress
  • Pain and suffering
  • Wrongful death of a loved one

Filing a Lawsuit for Dental Malpractice

Enlisting an attorney to file a complaint with the state’s board of dentistry will ensure all the right steps are taken. Any malpractice that the licensing board finds can be compelling evidence to present in a lawsuit.

Oral surgeons, family dentists, orthodontists, and other dental professionals have malpractice insurance; and these insurance companies can and will spend major amounts of money in an attempt to stop victims from receiving due compensation. However, when a victim chooses a legal team that commonly handles medical malpractice cases, the playing field is leveled, and the insurers are put on defense.

Such is the case when a victim chooses The Eichholz Law Firm for legal representation. No one who has been injured by the careless negligence of a dental professional should have to stand alone in the legal system to receive justice. If you need to speak with a dental malpractice lawyer to determine whether you can seek compensation for dental injuries you suffered through negligence, give us a call or use the online form to contact us.

Please seek the advice of a medical professional before making health care decisions. The content provided on this site, such as documents, text, graphics, images, videos, or other materials, are for informational purposes only. The information is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always consult a physician for diagnosis and treatment of any medical condition or for any questions you may have regarding a health concern. Never disregard professional medical advice or delay in seeking it because of something you have read or seen on this site.
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