Periodontal disease. A general dentist cannot cause periodontal disease, but dentists have been sued for failure to diagnose and treat periodontal disease. This can happen if the dentist has failed to perform routine X-rays or periodontal probings.
Full Answer
How common are dental X-rays not taken routinely?
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. There were 18 total cases of orthodontic treatment complications and 14 cases in the subset of root resorption.
What percentage of dentists are sued for extraction complications?
This represents 5 percent of the total suits — a relatively small number compared to the percentage of women practicing dentistry. In the oral surgery category, all general dentists who were alleged negligent were sued due to extraction complications. Some general dentists are comfortable performing extractions.
What are the legal grounds for suing a dentist?
In this article, we will go through the legal grounds of suing a dentist, how to win the case, and the hassle-free way to file a small claims suit with DoNotPay. 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.
Who are the defendants in dental implant lawsuits?
In 24 of the negligence claims involving dental implant surgery, the defendants were general dentists, and one was a periodontist. No. 4 negligence: substandard crown, bridge treatment.
How do you decline dental xrays?
So while you are free to refuse the treatment, your dentist or dental hygienist is also able to refuse to continue non-life-threatening dental treatment. If you have a concern about dental x-rays, you should discuss the reason behind it with your dentist or dental hygienist.
What can you do if a dentist messed up?
To sue your dentist, you will need to show that they didn't follow the standard of care required by the dental profession and their failure caused your injury. A malpractice attorney is the best person to listen to your situation and tell you if you have a strong malpractice claim.
Can dentists miss cavities on xrays?
Limitations of Dental X-Rays First, your cavity may be so small it did not show up on your dental x-rays. A very small cavity has not yet caused enough damage to be visible through x-ray technology. Secondly, your cavity could be hiding behind an existing filling.
Do dentists get exposed to radiation?
Although dental professionals receive less exposure to ionizing radiation than do other occupationally exposed health care workers, operator protection measures are essential to minimize exposure.
Is it worth suing a dentist?
If the negligent dental treatment will cost more than $10,000 to repair, the dental injury may be economically worth pursuing. A bad crown or root canal that can be repaired is best pursued in small claims court.
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.
Can an xray show need for root canal?
When you get an x-ray, this will give definitive proof that you need to get a root canal. The x-ray gives the dentist a clear view of any infection in the tooth especially one at the root of the tooth.
Can a dentist misdiagnose a cavity?
Some patients wonder whether it's possible to misdiagnose a cavity. The answer is yes, there is always the potential to under or over diagnose a cavity.
What is the role of radiographs in a lawsuit?
Radiographs enable diagnoses, and the lack of radiographs impedes the doctor's ability to diagnose. In a lawsuit or board complaint, the patient chart-including any and all radiographs-becomes part of the evidence that will either support a negligence/malpractice claim or exonerate the dentist.
What is the recommendation for children with primary or transitional dentition?
The recommendation for children with primary or transitional dentition is "individualized radiographic exam consisting of posterior bitewings with panoramic exam or posterior bitewings and selected periapical images.". It also states that for children with open contacts, radiographs may not be needed.
Do doctors abuse radiographs?
In some situations, the doctor is so concerned about patient fees that radiographs are neglected. It is true that some offices abuse radiographs by exposing patients according to some blanket mandate set by management; for example, everybody gets them once per year whether they need them or not.
Is it bad to take unnecessary radiographs?
Taking unnecessary radiographs is just as bad as neglecting to take needed radiographs. Maybe the doctor you work with is unaware of the written guidelines provided by the American Dental Association posted on their website for anyone to see.
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 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 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.
Why do people go to the dentist?
As much of us try to avoid it (or dread it), almost everyone goes to a dentist at some point in their lives—hopefully many times, since regular dental visits can be essential to keeping your teeth and gums healthy.
What should a dentist's chart be?
Notes: The dentist’s chart should have an accurate description of each visit, diagnosis, treatment, and procedure performed. If there’s a malpractice lawsuit, your lawyer’s experts will examine the chart to look for inconsistencies, lack of clarity, missing information, or other issues.
Why do dentists file malpractice lawsuits?
1. Issues Following Extractions. Complications such as infection, severed nerves, and sinus perforation are the most common dental issues requiring a lawsuit. Infection from a tooth extraction can cause a patient to require hospitalization.
Why do dentists have adverse reactions?
The most common reason for adverse drug reactions is negligence in the dentist checking the patient’s medical history. Because the dentists didn’t check the patient’s medical history, they prescribed a drug that interacted negatively with drugs the patient was already taking.
What are the complications of endodontic procedures?
Among the problems caused by endodontic procedures are instruments left in canals, nerve and sinus perforation, air embolisms, and life-threatening infections. Some of these cases resulted in death.
What are the complications of implants?
Implant Complications. In the lawsuits related to implants, many were related to implants being lost. A treatment plan following the loss of the implants seemed to be either lacking or non-existent. There has also been one patient who has suffered from an infection as a result of the complication.
Why is it important to understand dental malpractice?
As a dental care provider, it’s important for you to understand which mistakes or cases can end up costing you a lot in the long run. The better you understand what can cause a dental mal practice lawsuit, the easier you can avoid one.
Why do children die from anesthesia?
Adults and children have died as a result of anesthesia complications. Patients can die from surgery if they experience malignant hyperthermia, which is a high fever that results from the anesthesia. It is the oral surgeon’s job to keep an eye out for the symptoms of this condition and treat it immediately. 7.
What is a copy of consent form?
A copy of the written consent form that was signed prior to the surgery (if any other treatment happened without consent, this will push the case in the patient’s favor)
Who to send dental malpractice claim to?
Send your Dental Malpractice claim to a lawyer who will review your claim at NO COST or obligation.
What is dental malpractice?
Dental Malpractice generally refers to an injury caused by a negligent dentist. Any kind of negligence or poor quality dentistry can be defined as dentist malpractice, which could result in a dental malpractice lawsuit. Dental malpractice lawyers can determine whether you have a dental malpractice claim.
How long does it take to file a dental malpractice claim?
Some states also have tort claim statutes that require formal notification of a public hospital or government-employed healthcare provider regarding your claim within a very short period of time, sometimes as short as 180 days after treatment ends or after the suspected injury. Consult a qualified dental malpractice attorney regarding statutes.
Can Hadley Bach sue?
Bronx, NY Following the ruling of a New York appellate court, a lawsuit alleging dental malpractice can proceed against Dr. Hadley Bach of New York. Dr. Bach had put forth a motion for summary dismissal of claims made by a former patient following the use of bulk amalgam instead of using encapsulated amalgam for a restorative procedure.
Can a dentist be unethical?
As well, an unethical dentist or dental professional may try to benefit financially by proceeding with unnecessary diagnosis and exams, follow through with their corresponding procedures, and either bill you for unnecessary procedures and/or collect higher insurance compensation.
Do you need a copy of your dental records?
Obtain a copy of all your dental records, including information that may be on the computer, such as your account history. It is also important that all x-rays be duplicated and obtained (there may be a charge), as well as progress notes, copies of prescriptions, copies of referral slips, etc. Your dental records, x-rays, and models belong to you and a health care provider is required by law to give you copies of your records.
Can you sue a dentist for negligence?
If you believe that you suffered quantifiable damages as a result of negligence by a dentist, you may have grounds for a dental malpractice lawsuit. You should consult a qualified attorney who specializes in personal liability cases, and particularly in dental malpractice.
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 to do if a dentist underestimates the difficulty of an extraction and a complication occurs?
If a dentist underestimates the difficulty of an extraction and a complication occurs, the patient should be advised. Patients should be carefully followed or referred to an oral surgeon. Endodontic treatment resulted in the second highest number of malpractice claims against general dentists.
How many cases of dental failure in a timely fashion?
Although there were 11 cases in the "failure to treat dental infections in a timely fashion" category, a significant number resulted in infections that required hospitalization. Of those cases, 58 were smokers — yet many times a history of smoking was not taken by the dentist.
What happens if a dentist breaks an instrument in a canal?
If a dentist breaks an instrument in a canal and the instrument cannot be retrieved, the patient should be advised and referred appropriately. The most glaring area of alleged negligence in the implant procedure category was failure of treatment planning or improper evaluation of the patient or both.
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.
What is negligence number 5?
No. 5 negligence: periodontal disease. 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 to do if someone threatens to sue you?
If someone threatens to sue, contact your malpractice carrier immediately. They will refer you to a defense lawyer who usually has experience defending dentists and will be familiar with the dental terminology and treatment. If you do not feel comfortable with that attorney, ask your insurance carrier for another one.
What is the legal duty of a dentist?
This includes their legal duty to focus on whatever procedure they are performing at all times and double-checking that they are within the extent of the consent of their practice. So what happens if a dentist fails to uphold these obligations and causes an injury?
Can you sue a dentist for negligence?
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:
Can you sue a dentist?
In theory, suing a dentist may seem plain and simple . But in practice, it involves a lot of bureaucracies, forms to fill up, and demand letters to draft. Let DoNotPay handle it for you! Our robot lawyer will help streamline the suing process for you. All you need to do is: