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 this means is that the person suing is a patient of the dentist. The...
- Standard of Care Breach: The plaintiff will need to prove that the dentist acted below the...
What would I have to prove to sue a dentist?
- Duty: The dentist must owe a duty to you. ...
- Standard of Care Breach: The plaintiff will need to prove that the dentist acted below the applicable standard of care. ...
- Causation: The plaintiff will need to establish that the dentist’s negligent act was the cause of injury. ...
- Damages: The plaintiff must prove that they actually incurred some type of damage. ...
Can I Sue my Dentist for pulling my teeth out?
This is because the injury can usually be easily corrected. 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.
When can I Sue my Dentist?
You may have grounds to sue your dentist if you're charged for dentures or bridges that fail to perform as expected. If your dentures are a poor fit, if you have problems chewing, pain, or other jaw issues, you may be able to sue the dentist who made them.
Can I sue my dentist without an attorney, since?
You can sue your dentist but you will not be successful unless he/she has committed malpractice. If you have reason to believe that your dentist committed malpractice, you should collect ALL (including copies of all x-rays) of your medical records surrounding the treatment and discuss the matter with a medical malpractice attorney.
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 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.
What is negligence dentistry?
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 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.
How do you win a dental malpractice lawsuit?
The following elements to have a winning dental malpractice case are:Proof of an existing relationship between the dentist and patient.The nature and severity of the patient's injuries.The required standard of care for the specific procedure.How the standard of care was broken and led to harm for the patient.
Is dentist responsible for failed filling?
If you have had a cavity filling that you feel has been done improperly, your dentist may be liable for failure to fulfill their duty of care to you.
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.
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.
Can you get compensation from dentist?
You may be due compensation if your dentist has extracted the wrong tooth. It may be possible to claim dental negligence compensation if dental implants go wrong. For example, you may have to claim compensation if your jawbone ends up being damaged which causes pain when you eat.
How long does a dental negligence claim take?
How long does a dental negligence claim take? This tends to vary on a case by case basis, but the average dental negligence claim might take between 18 and 24months to be settled. It has also been known for medical negligence claims to take up to three years.
Is there a guarantee on dental work?
Under the Consumer Rights Act, which came into force last year, patients of private dentists whose treatment has not been carried out with reasonable care are entitled to have any problems fixed by their dentist. If a problem can't be fixed, the patient has a right to get at least a partial refund.
Why are dentists sued?
Products liability. Dentists can be blamed for using faulty products, oral devices, and materials – even though the dentist did not manufacture the items. Nerve damage. Common claims allege that a dentist damaged the lingual nerve or inferior alveolar nerve while giving anesthesia or removing teeth.
Are dentists often sued?
Though dental malpractice claims do come up from time to time in the realm of personal injury law, the reality is that it's a rare form of medical malpractice, as only one of every seven medical malpractice cases involve dental negligence.
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.
What do you do if you are not happy with dental treatment?
First, discuss any concerns you have with your dentist. Many times this will help clear up the matter. If further assistance is required, patients have other options: Contact your state dental society to ask if they have a process called peer review.
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.
Common Reasons to File a Lawsuit Against Your Dentist
Going to the dentist is a stressful experience for many people, and when things go wrong, it can be a nightmare. If you're unhappy with a procedure that your dentist has performed, the first step is to contact them to voice your concerns and to ask for assistance.
File a Lawsuit Against a Dentist on Your Own
You can represent yourself in a small claim court lawsuit against your dentist. But keep in mind that filing a medical malpractice lawsuit isn't easy. In fact, it can be downright difficult to put together a viable case even with legal representation. You're going to have to be prepared. Here’s a checklist to get you started:
Dangers of Filing a Lawsuit on Your Own
The biggest problem with filing a lawsuit against your dentist on your own is that you may miss an important part of the process. If you fail to include key pieces of evidence in the right way, incorrectly complete paperwork, or miss an important date, your case won't go anywhere.
How to Sue Your Dentist With DoNotPay
Hiring a lawyer to sue your dentist is expensive. Filing a lawsuit on your own is difficult, time-consuming, and unlikely to work out the way you want it to. Filing a lawsuit against your dentist with DoNotPay is fast, easy, accurate, and your odds of winning are better. The process is so simple:
DoNotPay Takes the Guesswork Out of Small Claims
DoNotPay’s app is powered by AI to help people like you bring a claim against their dentist, neighbor, or phone company to small claims court. You don't need to hire a lawyer or become a legal expert. In fact, all you need to do is load up the app in your web browser and access the DoNotPay chatbot.
What is probation for dental malpractice?
Probation. Probation sentences for dental malpractice come in addition to incarceration and fines. Invoking probation means the court has decided to impose limitations and conditions on the dentist. These limitations are responsible for refraining any offender from committing further damages or additional crimes.
What are the damages in a dental malpractice claim?
There should be “damages” in a malpractice claim to uncover the causality of the incident. The damages may come in the form of physical injuries, physical pain, and suffering. If proper documentation has proven negligence from your dentist’s end, they must make necessary compensation and claims upon the judge’s decision.
What is breach of duty in dentistry?
Also known as “Breach of Duty”, a dentist failing to practice an acceptable standard of care did not follow the proper dental care protocols. On the other side, this element also disproves a dentist’s competency in performing his duties.
What is cosmetic dentistry?
Cosmetic Dentistry. There are some cosmetic dentistry techniques where a dentist fails to correctly deliver his dental work, resulting in permanent damage to the victim’s teeth. Such injuries may arise in the form of excessive removal of enamel in preparation for veneers.
What happens if you don't have a dental provider?
When you don’t have a personal dental care provider, chances are you can encounter a bad dentist. If your dental work has resulted in a personal injury, you are eligible to take legal action and make your malpractice claim. The personal injury law states that the person responsible should give the victim the necessary relief provided ...
What happens if you don't take proper dental care?
Failure to perform according to the proper dental care techniques may cause permanent and severe nerve damages. You can find these nerve damages on the tongue, lips, jaws, and face.
How long can you file a malpractice claim?
It is also popularly known as “Statute of limitations”, which is often a two-year limit.
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 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.
What do you need to do as a plaintiff?
You’ll also need to assemble any communications with the dentist/defendant, including instruction sheets and any authorization forms you had to sign. As the plaintiff, it’s also extremely helpful to write your own detailed notes about everything you remember that the dentist and dental staff said to you .
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
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.
