Chesapeake, Va. - After NewsChannel revealed former employees of Chesapeake dentist Derrick Broadaway are upset over bounced paychecks, investigator Jessica Larche uncovered millions in medical malpractice lawsuits against him. One former patient claimed he "left a drill inside a tooth while performing a root canal" and did not tell the patient.
Full Answer
Why did the woman Sue the dentist for half a million?
After she left the dentist’s office, her tongue was permanently numb. The dentist felt really bad that she could no longer feel anything with her tongue and offered her $10,000. She refused the money the dentist offered her and decided to sue the dentist for somewhere in the neighborhood of half a million dollars.
Can I Sue my Dentist for pulling the wrong tooth?
It may be difficult to win a lawsuit for pulling the wrong tooth. Although pain is experienced, it is usually not considered to be enough of an injury to sue for. This is because the injury can usually be easily corrected. The dentist could provide the patient with two implants free of charge.
Is it worth filing a dental malpractice lawsuit?
Unlike traditional medical malpractice suits, which usually arise from botched surgery or the administration of harmful medications, most injuries which occur as a result of dental malpractice can easily be corrected. As a result, dental injuries are usually not substantial enough to be worth filing a lawsuit.
Did the first dentist warn me about deep fillings?
The first dentist did warn you during treatment that the decay was close to the nerve and thus the fillings would be deep. Why do all americans want to sue everyone for everything when all a health care professional has done is tried to help you. You didn't read the intial post too closely.
What happens if a dentist drills too deep for a filling?
If a dentist drills too deep, he or she might cut through the bottom of the tooth. This can create an infection, swelling, and failure of the procedure. A failed root canal may lead to loss of the tooth, damage to the jaw bone, and gum issues.
How do you know if dentist drilled too deep?
What happens if a filling is too deep? If you have undergone a deep filling and are experiencing pain, it may be that the filling has reached a nerve and has irritated it. The nerve should heal itself, but if pain or sensitivity does not subside within two to four weeks, dental intervention may be required.
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 are some 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 happens if dentist drills into nerve?
Some of the signs and symptoms of tooth nerve damage after receiving dental treatment include: Numbness or lack of feeling in the tongue, gums, cheeks, jaw or face. A tingling or pulling sensation in these areas. Pain or a burning feeling in these areas.
How long does it take for a deep filling to settle down?
When to Seek Help for Tooth Sensitivity. While the majority of cavity fillings stop being sensitive after a day or two, some could take as much as two weeks to feel better. Even then, it may not be a cause for concern. If a cavity was deep or in a location used for heavy chewing, it might take longer to heal.
How do you win a dental malpractice lawsuit?
A dentist-patient relationship existed between the plaintiff and the defendant. The dentist (or other practitioner) should have been aware of the appropriate medical standard of care under the circumstances. The standard of care was breached by the dentist, causing (or exacerbating) injury to the patient.
When is a dentist negligent?
Dental negligence occurs when a healthcare professional has failed to provide adequate care for you. This can include any instances involving incorrect, delayed or poor treatment that has led to further injury or suffering.
Can I sue my dentist for pain and suffering?
Can I sue my dentist for pain and suffering? If you have been injured by your dentist's mistake or negligence or you have experienced pain and suffering as a result of their actions or inaction when you were under their care, you may be eligible to make a dental negligence claim.
What are the two types of malpractice in dentistry?
There are two basic types of malpractice insurance — 'claims-made' and 'occurrence'.
What can you do if a dentist messed 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.
Is a dentist liable for a failed root canal?
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.
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 are oral cautions?
Oral cautions are also noted, along with specifics of the allegations of misconduct, as are any criminal convictions. "Any information where the college has concerns about a dentist's practice, we feel the public is entitled to know," says Irwin Fefergrad, registrar for the Royal College of Dental Surgeons of Ontario.
What did Krieger say about Atkinson?
He says he treated Atkinson with "reasonable care, skill and diligence.". Krieger also denies that Atkinson "suffered or continues to suffer any injury" and that if she did suffer injury, it was her responsibility for, among other things, "not taking reasonable care for her own dental health.".
What is the main goal of disciplinary action?
It said the "main goal" of disciplinary action is "to encourage ethical, competent practice. ". It also said a working group on transparency for various health regulators is continuously "reviewing and considering ways to ensure high, fair, common standards of transparency.".
Did Steven Krieger speak to Go Public?
Dentist Steven Krieger declined to be interviewed by Go Public regarding complaints from former patients. (Denis Dossman/CBC) Krieger declined to speak with Go Public, but in his statement of defence filed in Atkinson's lawsuit says he "denies each and every allegation," including that he drilled too hard and too deep.
Who is the chair of the advocacy organization Patients Canada?
Michael Decter, chair of the advocacy organization Patients Canada, applauds the changes in Ontario, saying the College of Dental Surgeons of B.C. is "a secret world of discipline where people's mistakes can be kept out of sight."
Does Krieger do root canals?
The college website does say Krieger cannot perform root canals, but doesn't say why. "That's certainly not very helpful to the public in trying to decipher why their dentist has a restriction," says Robertson. When Go Public checked the website for Krieger's dental clinic, it still says he does root canals.
What happens when dentists fail to treat patients?
When dentists fail properly treat patients, they are exposed the risk of a wide range of injuries. They include a fractured jaw, infection, some systemic injury, nerve damage (a common leitmotif as you will see below), a stroke, meningitis, kidney malfunction, cancer (failure to diagnose) and, in some cases, even death. ...
What are the most common dental mistakes?
Many patients have a hard time finding a lawyer. Most dental mistake cases involve what are, in relative terms in malpractice, minor injuries. These injuries include loss of a healthy tooth, an infection that puts a patient in the hospital temporarily, and mistaken placement of dental implants.
What is the Frederick case?
This is a dental malpractice lawsuit involving nerve damage. Another Frederick case dealing with a pediatric infection. The gist of the claim is that the dentist should have known of the high risk of infection given the child's presentation and procedure and an antibiotic should have been prescribed.
Is dental hygienist a medical malpractice?
So claims against dentists, oral surgeons, endodontists, orthodontists, prosthodontists, periodontists, and even dental hygienists are controlled by our medical malpractice laws. In Maryland, this requires expert testimony before filing a lawsuit that addresses what the dentist should have done under the circumstances and what should have been done ...
Is there a dental malpractice lawsuit in Maryland?
There is not a hospital administrator looking over their shoulder. Second, dental malpractice lawsuits in Maryland are rare despite the fact that dentists in the Baltimore-Washington area often make mistakes that cause patients some injury.
Can you file a malpractice claim in Maryland?
Dentists Virtually Never Confess in the Medical Records.
Is a prosthodontist a general dentist?
A prosthodontist, for example, has two or more years of additional training than a general dentist. So if you need dental reconstruction, you would probably prefer a prosthodontist doing the work. But often a general dentist will think it is a task in their wheelhouse when it clearly is not.
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.
Who took her 3-year-old son to the dentist?
Dentists under pressure to drill ‘healthy teeth’ for profit, former insiders allege. Johannah Lancaster took her 3-year-old son to Dental Express for his first checkup, expecting a routine cleaning. She never imagined the treatment plan the Niles, Ohio, dentist would come up with after he peeked into Gregory’s mouth for what seemed like only two ...
When did April Walters have her teeth pulled?
April Walters was in fragile health when she went to a Detroit-area dentist to have 19 teeth pulled. In fact, the first time she went in March 2016, the dentist at Dental Care of Michigan postponed the procedure after checking her heart rate. The dentist, Rana Rabban, had been out of dental school less than two years.
How many root canals did Johannah Lancaster's son have?
Johannah Lancaster's son, Gregory, now 9, received seven root canals at a dental clinic when he was 3. The dentist never took X-rays and Gregory later had to have four of the teeth pulled. Jeff Swensen, for USA TODAY. “The 3-year-old boy was subjected to massive overtreatment,” said Nicholas Dello Russo, a dentist and instructor at Harvard ...
How much does a root canal cost?
Root canals are much more lucrative. According to insurance company Delta Dental, pulling a tooth in Austintown costs up to $183 while a root canal can cost $1,142.
Do dental chains have oversight?
Private dental chains receive virtually no oversight. These companies don’t have to file financial statements with the Securities and Exchange Commission. And state dental boards tend to only regulate dentists, not the companies. Even then, USA TODAY/Newsy found that dental boards rarely act on complaints .
Who had five cavities on one side of mouth?
Gregory, at 3, when his root canals became infected. Courtesy of Johannah Lancaster. Nicky Demecs went to Corner Dental in Oregon, Ohio, and was told she had five cavities on one side of her mouth and three on the other.
Did Dello Russo review X-rays for McClain and LaBonte?
Dello Russo reviewed X-rays for both McClain and LaBonte, and confirmed neither needed the work done. “It's one thing if you go to your car mechanic and they recommend something that you don't really need, ” McClain said. “But losing your perfectly healthy teeth, that's a part of your body that they're violating.
