How many patients did Rogue dentist expose to HIV?
Rogue Dentist May Have Exposed 7,000 Patients to HIV, Hepatitis. Harrington and his staff told investigators that he treated a "high population of known infectious disease carrier patients," according to a complaint filed by the Oklahoma Board of Dentistry.
Did an Oklahoma Dentist expose patients to HIV and hepatitis?
An Oklahoma dentist may have exposed patients to HIV and hepatitis. Patients of Tulsa, Okla., dentist may have been endangered by unclean instruments.
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.
Could you have contracted HIV from a Tulsa dentist's office?
March 28, 2013 — -- The Tulsa Health Department is warning 7,000 patients of a local dentist's office that they could have contracted HIV, hepatitis B or hepatitis C from poor sterilization practices.
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 a dentist give you two implants?
The dentist could provide the patient with two implants free of charge. If the dentist actually believed that they pulled out a tooth that was causing your pain, and then later determined that the tooth was not the cause of the pain, a patient may only sue if the dentist should have known it was the wrong tooth.
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.
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.
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 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.
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.
Can you sue a dentist for a bad dental procedure?
Anyone can choose to sue their dentist for a bad dental procedure. This is called a dental malpractice lawsuit, and it is part of the medical malpractice practice area within personal injury law. 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 ...
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 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.
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 many people have been exposed to dental infection?
While 7,000 patients may have been exposed, Joseph Perz, an epidemiologist with the U.S. Centers for Disease Control and Prevention, said it's "extremely rare" to see dental transmission of HIV and hepatitis B or C.
When did the drug vial expire?
One drug vial expired in 1993. "During the inspections, Dr. Harrington referred to his staff regarding all sterilization and drug procedures in his office," the complaint read. "He advised, 'They take care of that. I don't.'".
Is it possible to transmit hepatitis B?
But not a single case was identified, according to the CDC. Dental transmission is not impossible, however. Perz cited a dental fair three years ago in which hepatitis B was transmitted between patients.
Was the dentist in Oklahoma a Medicaid provider?
On top of his many violations in sanitary practice, the dentist was a Medicaid provider, which means he had a high proportion of patients with HIV or hepatitis, she said.
Did Harrington keep an inventory log of drugs?
Drug cabinets were unlocked and unsupervised during the day, and Harrington did not keep an inventory log of drugs, some of which were controlled substances. One drug vial expired in 1993.
Does Harrington's clinic take voicemails?
Calls to Harrington's office were directed to an operator, who told ABC News the clinic no longer took voicemails. The operator said patients were being referred to another clinic, but did not disclose the clinic's name.
What is dental hygienist?
For the most part, dental hygienists are dedicated to providing excellent care to patients. Hygienists are known for their attention to detail in all aspects of the patient visit, beginning with updating the medical history and continuing to the completion of whatever level of care was treatment planned.
How does dental practice affect the law?
Legislative bodies create statutes known as dental practice acts. These laws define the scope of practice and determine qualifications of hygienists. In addition, state licensing agencies issue regulations pursuant to those statutes. Finally, the rulings of federal and state courts affect dental hygiene practice. All dental hygienists should be well versed in their states' practice acts and should follow the rules and regulations explicitly.
What is the responsibility of a dental hygienist?
2. Failure to detect oral pathology. It is the dental hygienist's responsibility to perform a thorough intraoral/extraoral assessment on every patient. The reality is that too many hygienists omit what could be the most important part of the dental hygiene visit.
What are the laws that affect dental hygiene?
The laws that affect dental hygiene practice come from several sources. Legislative bodies create statutes known as dental practice acts. These laws define the scope of practice and determine qualifications of hygienists. In addition, state licensing agencies issue regulations pursuant to those statutes.
Why do patients sue dentists?
P. Graskemper, DDS, JD, there are two main reasons that patients sue dental professionals: (1) the patient has been harmed as a result of treatment or nontreatment; and (2) the patient wants money. CNA HealthPro estimates up to 80% of malpractice claims are not because of substandard dentistry but are related to money issues; money issues may be over money the patient paid to the practice or money still outstanding. The patient may become irate over being turned over to a collection agency. CNA HealthPro states:
What to do if a patient is anesthetized?
In the event of an accident, the hygienist should remain calm, immediately summon the doctor, and inform the patient of the situation. Make sure the incident is thoroughly documented in the patient narrative.
How often should a patient's medical history be updated?
According to the ADA Council on Scientific Affairs, a completely new medical history on most patients should be obtained on average every three years. If the patient has a complicated medical history, more frequent complete updating is in order. However, the medical history should be updated every time the patient is seen in the clinical area. Clinicians should ask if there have been any changes since the last visit. If there are no changes, the notation should state, "Patient states no changes in medical history." This defensive charting method informs the reader that you asked and the patient answered. (Abbreviations are permissible, such as "Pt. states NCMH.")