Can you sue a dentist for making a mistake?
If the plaintiff can show that the dentist made a mistake, they still may not win their claim unless they can prove that there was additional harm caused by the mistake; and Damages: The plaintiff must prove that they actually incurred some type of damage.
Can you sue a dentist for nerve damage?
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. Severe nerve damage to the face, lips, jaw, or tongue may constitute a lawsuit against a dental provider.
How do I file a legal action against a dentist?
Legal Remedies. Filing a complaint with the dental board. If you’ve been the victim of dental malpractice, contact your state’s dental board and register a complaint. If there is sufficient cause to further your claim, an investigator will contact the dentist in writing, stating a complaint has been filed against him.
What are the elements of a lawsuit against a dentist?
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.
How to get a dentist to settle a claim outside of court?
1. Decide whether you want an attorney to represent you in mediation. Mediation is a process where you and your dentist sit down with a neutral third party and try to resolve your claim outside of court. While you don't need an attorney for this process, it's advisable to have one.
What happens if a dentist doesn't believe a complaint is legitimate?
If your dentist does not believe your complaint establishes a legitimate malpractice claim, they'll ask the court to dismiss it. There are other reasons a lawsuit may be dismissed, such as if you filed in the wrong court or if the statute of limitations has already expired.
How long does it take to get a dentist to settle a malpractice case?
Work with your attorney to prepare for trial. The discovery process may take months . During that time, many malpractice lawsuits are settled out of court. If you aren't able to reach a settlement with your dentist, your attorney will begin trial preparation when discovery is complete.
What is statute of limitations in dental malpractice?
A statute of limitations is a deadline for filing a lawsuit. For dental malpractice, this deadline is measured from the date your injury occurred in most cases. These deadlines are relatively short for all personal injury cases, and can be even shorter for malpractice lawsuits.
How long does it take for a dentist to respond to a complaint?
The amount of time they have depends on your state's law, but is typically 2 or 3 weeks. A copy of this answer will be delivered to your attorney. The answer may be accompanied by a motion to dismiss.
How to start a dental history?
Start creating a file with all the documents and information you have concerning your dental treatment. Include bills or forms from previous appointments with the same dentist, as they'll help establish your dental history. Keep receipts of any expenses or losses you incurred as a result of the injury you sustained.
How long do you have to file a lawsuit?
Typically you only have 1 to 2 years from the date your injury occurred to file a lawsuit. You may have more time to file if you had no way of knowing about the injury until months or even years after it occurred. A malpractice attorney will be able to tell you exactly how long you have.
How to show a dentist's error?
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.
What happens if you are a victim of dental malpractice?
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.
What happens if you don't approve a dental procedure?
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.
What is a medical malpractice claim?
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.
How long can you sue for malpractice?
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.
Can you say a root canal was wrong?
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.
Is there a dentist-patient relationship?
There was a dentist-patient relationship. This is easily proven if you have receipts, insurance statements, or emails about the appointment date. Going to see the dentist implies a "duty of care," which means the dentist has a legal obligation to help you during the appointment.
How to sue a dentist for medical malpractice?
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.
Why do dentists sue?
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
How many implants were lost in the negligence lawsuit?
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 is the most important defense in a dental malpractice case?
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.
How many cases of failure to diagnose periodontal disease in a timely fashion?
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.
Is dental hygienist malpractice?
In fact, the treatment provided to you by a dental care professional has to be below the acceptable standard of care that you should expect from a dentist, dental hygienist, or any other dental health care provider and the treatment has to cause serious personal injuries to you; otherwise, it can’t be considered malpractice.
What happens if a dentist fails to treat you?
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.
What to do if you have been victim of dental malpractice?
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.
What are the basic building blocks of dental malpractice?
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.
How many prongs are there in medical malpractice?
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.
What is the legal duty of a dentist?
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.
Can a dentist be held liable for medical malpractice?
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.
Can a dentist breach her duty to comply with the standard of care without causing you harm?
Causation is often the key component of a dental malpractice case. It is entirely possible that your dentist could breach her duty to comply with the standard of care without causing you any harm. In fact, you may never know a breach occurred.
How long does it take to file a lawsuit against a dentist?
The defendant dentist then has a certain amount of time to respond to the complaint (typically 20 to 30 days).
What is needed to make a successful case for dental malpractice?
In order to make a successful case for dental malpractice, an injured patient (and his or her attorney) will typically need to establish the following: the existence of a dentist-patient relationship. the appropriate medical standard of care under the circumstances.
What are the most common dental malpractice cases?
Some of the more common scenarios of dental malpractice include: 1 improper extraction of teeth 2 failure to diagnose various conditions (e.g., TMJ, oral cancer) 3 failure to properly treat complications of care (e.g., infection) 4 failure to properly supervise or oversee actions of employees (e.g., hygienists) 5 wrongfully administered anesthesia 6 failure to refer to a specialist, and 7 lack of informed consent.
What is the most important defense in a dental malpractice case?
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 important communication between the dentist and patient. Comprehensive documentation also includes:
Is it worth filing a lawsuit if you have a minor injury?
Finally, it is important to consider the seriousness of the "injury" before filing a lawsuit. If the injury is minor ( such as temporary pain and discomfort), then, even if it was caused by malpractice, it may not be worth the time and expense of a lawsuit.
What are the types of dental malpractice lawsuits?
The types of dental treatments most commonly involved in malpractice lawsuits are: Extractions: Problems from getting a tooth pulled include injections, nerve damage, and perforations of nearby mouth tissues and sinuses.
What happens if you file a dental complaint?
If the investigator doesn’t think your complaint is strong enough to justify further action, you’ll receive a letter stating your complaint was dismissed. The letter should include instructions for appeal.
What is dental malpractice?
Dental malpractice occurs when a dentist: “…deviates from the dental standard of care in his community, and as a result of that deviation a patient is injured.”. Standard of care means the kind of care that another dentist in the same community would give to a patient under similar circumstances.
What to do if your dentist hurts you?
If a dentist injured you in a neighboring state, be sure to file the complaint with the authorities in the state where the dentist works. It’s important to be specific in your complaint.
What is the most common cause of dental malpractice?
Dental Anesthesia: Wrongfully administered anesthesia is the most common cause of dental malpractice resulting in death to adult and child patients. Oral Cancer: A dentist’s failure to timely recognize mouth cancers can be deadly to the patient.
What are the complications of root canals?
Endodontic Procedures: Injuries from root canals and similar endodontic procedures include infections, sinus and nerve damage, blocked blood vessels, and dental instruments left in the canal. Dental Implants: Patients have been injured by infections, lost implants, and inadequate follow-up care.
How much did the jury award for dental malpractice?
Case Summary: Jury Awards $14.8 Million for Dental Malpractice. Kimberly Kallestad, a former high-school cheerleader and varsity tennis player, went to oral surgeon Patrick Collins after injuring her jaw while sledding. Collins claimed he would “be her hero” by fixing her jaw with a surgical technique he had developed.
Why are dental malpractice cases so complex?
This is because most states require plaintiffs to meet certain procedural requirements, often including an affidavit of merit.
What is the duty of care in dental malpractice?
Four key elements comprise the core of a dental malpractice claim. The first is the duty of care, which arises from a dentist-patient relationship. Whether or not this relationship exists usually can be easily determined. The patient must demonstrate the appropriate standard of care in the circumstances. This consists of the actions or precautions that a competent dentist would have taken when treating a patient of a similar nature with a similar condition. Unless the malpractice was truly egregious, you will need an expert witness to prove this element. The expert should be familiar with the specific type of procedure that gave rise to the claim.
Can a dentist make mistakes?
There also may be cases in which a dentist commits errors while extracting teeth or treating infections resulting from a procedure like an extraction. If hygienists or other assistants of a dentist make mistakes that harm a patient, the dentist may be liable for failing to supervise them properly.
Can you get compensation for medical malpractice?
If you incurred expensive medical bills to treat the results of the malpractice, you can seek compensation for these losses. More subjective, non-economic types of harm like pain and suffering can also form part of your compensation award, as long as you can prove that they were significant.
Can a dentist be sued for medical malpractice?
Dental Malpractice. You probably think of doctors when you think of medical malpractice claims, but dentists and orthodontists often can be sued as well when they fail to meet the appropriate standard of care. Situations in which this may happen include when a dentist fails to diagnose a patient with a certain condition, ...