Full Answer
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.
Can I sue a dentist for bad dental work?
Yes, you may sue a dentist for bad dental work. This is referred to as dental malpractice and is related to medical malpractice.
Why did the woman lose her dental malpractice lawsuit?
She lost. Why did she lose? Did the malpractice insurance company simply have extraordinary lawyers? No, the reason she lost was because she lacked one of the four necessary ingredients to winning a dental malpractice lawsuit. I’ll now explain what those four requirements are and then I’ll explain what went wrong in this young woman’s lawsuit.
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 examples of dental negligence?
Let's dive deeper into some of the most common examples of dental malpractice.Dentist Using Excessive Force on Young Patients. ... Performing Non-Medically Necessary Dental malpractice Procedures. ... Not Using Appropriate Anesthetic. ... Broken Instrument/Broken File. ... Broken Jaw. ... Broken Tooth. ... Extractions. ... Fillings.More items...
What is the most common reason patients sue dentists?
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.
What happens if a dentist messes up?
Dental malpractice suits can be brought against practitioners only when they fail to uphold the acceptable standard of care, or when they provide treatment that exceeds your informed consent. More importantly, you need to prove that the dental professional's incompetence/negligence caused your injury.
How should the dental assistant respond can the dental assistant be held responsible?
Under state laws, the supervising dentist is legally responsible, or liable, for the actions of the dental auxiliary.This is called respondeat superior doctrine. ... However, even though dental assistants work under the supervision of a licensed dentist, they can also be held legally liable for their own actions.
What is dental negligence?
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.
What are the two types of malpractice in dentistry?
There are two basic types of malpractice insurance — 'claims-made' and 'occurrence'.
Can you sue a dentist?
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.
What is it called when a dentist makes a mistake?
Across the US, dental malpractice cases happen much more frequently than you might expect. It might not sound to be such a big issue, but on the contrary, mistakes made by a dentist can have long-term affects.
How do I know if my dentist has a messed up filling?
Common signs that your fillings are compromised include:The Contours of Your Teeth Feel “Off” Our tongues are finely tuned to any disturbances in your teeth. ... Increased Sensitivity. Our enamel insulates a tooth's inner nerves from drastic temperature changes. ... Discomfort When Eating. ... Other Considerations.
Which of the following may be liable for the actions of a dental auxiliary?
Incomplete disclosure to the patient before obtaining his or her informed consent may: invalidate the consent. What may be liable for the actions of a dental auxiliary? the dentist and the dental auxiliary.
What are 10 duties of a dental assistant?
Duties of a Dental AssistantAssisting with dental procedures such as fillings, crowns, and extractions.Taking & pouring dental impressions (molds of the mouth)Preparing patients for surgery.Operating equipment and monitors.Talking with patients.Performing administrative tasks.Preparing examination areas.More items...•
Who is responsible for overall quality assurance in a dental practice?
The responsibility for quality and quality assurance lies in the hands of the dental profession.
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 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.
What is the second most common alleged negligence?
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.
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.
What is a dental note?
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.
What is breach and causation in a dental malpractice lawsuit?
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.
What are the most common types of dental malpractice lawsuits?
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.
What are some examples of dental malpractice?
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 ...
What is a negligence lawsuit?
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.
What happens when you make a mistake in dental?
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.
What happens if a dentist hits a nerve?
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.
Why did the dentist not follow the standard of care?
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.
What does it mean when a dentist is suing?
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.
What is the legal duty of a dentist?
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.
Why is the first test of a plaintiff's case so difficult to prove?
Unfortunately for the plaintiff, this first test can be difficult to prove because it generally can only be established through expert testimony.
Can you sue a dentist for a root canal?
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.
Can a dentist be sued?
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.
Can a dentist sue for malpractice?
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.
Can you file a lawsuit for dental malpractice?
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.
Reasons to Sue a Dentist
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:
What Do You Need to Prove When Suing 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:
How to Sue a Dentist for Malpractice
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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Starting a Malpractice Claim
Usually doctors of all forms follow rigid guidelines that allow him or her to perform the necessary work on a patient. Most of these situations conclude without any incident. However, a small number may include negligence.
Standard of Care
The duty of medical practitioners is to ensure that patients receive various standards of care. These usually involve guidelines provided by the administration of the medical field after determining the best course to remove liability and possible claims against the doctor and medical facility.
Starting the Claim for Dental Malpractice for the Injured
It is best to hire a lawyer in instances where dental malpractice may occur. The legal representative may seek to negotiate a settlement for the incident. This is often important so that additional lawyer fees, court expenses and other costs do not pile up.
Legal Support in Dental Malpractice Suits
If the claim must proceed to the courtroom, it is critical to have sufficient evidence to strengthen the case. The lawyer may explain what is necessary and how to proceed from each stage to the next. An expert witness could become part of the process and supply additional details if his or her hire needs to add to the claim.
What is the most important aspect of a dentist lawsuit?
Establishing negligence. When it comes to filing a dentist lawsuit, establishing negligence is easily the most important aspect of the entire process. The law defines malpractice as negligent conduct of medical professionals that has caused injury.
Can a dentist be sued for negligence?
Passive negligence from a dentist can also be grounds for a lawsuit. Dentists are required to treat or at least mention oral issues that their patients have. It is your job to determine whether or not your dentist is at fault for the problem that you are dealing with.
Is a dentist's negligence malpractice?
If you simply experienced some minor pain or had to go back to the dentist for another visit as a result of your injury, this is not likely to be a valid malpractice case .
Can a dentist sue out of court?
The majority of dentist lawsuits never see the light of a courtroom. There are many expenses that come along with court proceedings, which is why dentists normally prefer to settle out of court. If you do not have a very strong legal background, you will need to hire a professional lawyer.
Can a dentist be sued for malpractice?
Over the years, thousands of different malpractice dental lawsuits have been filed. Problems like nerve damage, unnecessary extractions, faulty bridges or crowns and anesthesia complications have resulted in lawsuits. Passive negligence from a dentist can also be grounds for a lawsuit.
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.
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 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.
What is a breach of duty?
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.
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.
What is the most common basis for dental malpractice cases?
Anesthesia. Improperly administered anesthesia is the most common basis for dental malpractice cases. Extractions. Extracting the wrong tooth, or problems related to and extraction including reactions to injections, nerve damage, or perforations of nearby tissue. Infections.
What is a professional opinion that the defendant violated the standard of care?
The professional opinion that the defendant violated the standard of care. A statement articulating how this violation caused the plaintiff’s injuries. The defendant (or defendants) also file an affidavit of meritorious defense, signed by a qualified expert, responding to the plaintiff’s claims.
What are the factors that affect malpractice?
In general, the factors considered in medical and dental malpractice claims include: 1 The duration and severity of your complications 2 The costs associated with additional surgeries and treatments 3 Lost income as a result of complications 4 Whether the injuries and/or disfigurement are temporary or permanent
What are the dental standards in Michigan?
In Michigan, these regulations and standards are summarized by the Michigan Dental Association and can provide a baseline for understanding the professional obligations these medical professionals have in providing dental care and services in Michigan.
What are the causes of tooth loss?
Orthodontics. Corrective treatments (braces) that aren’t done properly can result in tooth loss, root complications, and infection. Periodontal Disease. A dentist’s failure to diagnose and treat gum disease, or bungled or disfiguring gum surgery performed to fight periodontal disease. Cancer.
How long does it take to file a medical malpractice claim in Michigan?
In Michigan, medical malpractice injury claims may be filed within two years of the dentist’s act — or failure to act — that is the source of the claim. The law also makes provision for a claim based on discovery after the fact. In such cases, the claim must be filed within six months of when the injury was discovered.
What are the factors that are considered in medical malpractice?
In general, the factors considered in medical and dental malpractice claims include: The duration and severity of your complications. The costs associated with additional surgeries and treatments. Lost income as a result of complications. Whether the injuries and/or disfigurement are temporary or permanent.
