In extreme cases, the dentist may lose his or her license to suspension or revocation. Patients can also take their dentist to court as part of a malpractice lawsuit. This requires an experienced attorney that knows the malpractice laws and who can stand up confidently against dental insurance lawyers.
What do I do if I have a problem with my dentist?
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. Contact your state dental board.
How to prove a dentist is liable for a mistake?
Have the new dentist help you. A call from one dentist to another, verifying that there was indeed a problem with the work, can be very persuasive. In a trial, you HAVE to have an expert opinion of a dentist to back up any claim of negligence.
What are the long-term effects of mistakes made by a dentist?
It might not sound to be such a big issue, but on the contrary, mistakes made by a dentist can have long-term affects. These affects can be associated with cosmetic deformities, excessive pain, disease misdiagnosis and in rare cases even lead to death.
How can I avoid a dental malpractice case?
One way to offset potential issues of dental malpractice is for patients to review the dentist’s reputation online before making an appointment. There are many resources online where you can research and read reviews about a dentist in your area.
What do I do if my dentist made a mistake?
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 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.
How do I get over my embarrassment at the dentist?
Tips to Overcome Your Embarrassment of Going to the Dentist Communicate your concerns. Explain to your dentist why you're embarrassed before your visit. Sharing your concerns with the dentist and dental staff will help them adapt their treatment to your needs and put you at ease while you're in the chair.
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.
What are the two types of malpractice in dentistry?
There are two basic types of malpractice insurance — 'claims-made' and 'occurrence'.
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.
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.
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.
Why do people get embarrassed at the dentist?
You might be experiencing dental anxiety, which is recognized by uneasiness or exaggerated fears about going to the dentist. It's also characterized by being embarrassed to go to the dentist because of the state of your mouth, how your teeth look, or being very close to a dentist during an appointment.
How common is fear of dentist?
About 36% of people in the U.S. have a fear of dental treatment, with 12% having an extreme fear. About 3% of adults in industrialized countries may have dentophobia and avoid going to the dentist at all. Fear of dentists is more common in females than in males.
Is dental anxiety common?
Dental anxiety is incredibly common and can affect anyone. The term is generally used to describe feelings of unease, fear, or stress before or during a dental appointment.
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.
What happens if a dentist fails to do something he should have done?
When a dentist does something or fails to do something he should have done and a permanent injury occurs a patient may have a dental malpractice claim against the treating dentist. The key factor in any potential dental malpractice claim comes down to one simple issue “how badly did the dentist mess up?”.
What to do if dentist fails to reimburse you?
If the dentist fails to reimburse you, you can make a complaint to the Pennsylvania State Board of Dentistry or local dental society and they will investigate the matter. You may want to enlist the help of an attorney specializing in doctor or surgical malpractice.
How to avoid malpractice lawsuits?
Not as serious as a malpractice suit, this is still something that the dentist is strongly motivated to avoid. 2. Have the new dentist help you . A call from one dentist to another, verifying that there was indeed a problem with the work, can be very persuasive.
Do dentists take x-rays before crowns?
Usually a dentist won’t take an x-ray before seating a crown, but they always need to run that explorer completely around the margins of the crown and check for any open margins. But having the x-ray you have is good documentation showing his negligence.
Can a dentist be liable for a breach of the standard of care?
But just going from what you’re telling me, yes, your former dentist is liable for violating the standard of care. The most important thing to check when a new crown is being seated on a tooth is to run the explorer around the margins and make sure there is a good fit to the crown.
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
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.
Is dental hygienist malpractice?
In fact, the treatment provided to you by a dental care professional has to be below the acceptable standard of care that you should expect from a dentist, dental hygienist, or any other dental health care provider and the treatment has to cause serious personal injuries to you; otherwise, it can’t be considered malpractice.
