LAWSUITS NEWS & LEGAL INFORMATION
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.
Negligence and malpractice occur in the dental profession as well as in any other profession. According to the National Practitioner Data Bank, one out of every seven medical malpractice cases directly involved a dental professional in 2006. Dental malpractice can occur if a dentist fails to diagnose or treat possible conditions such as oral cancer or other serious problems; delays diagnosis or treatment of oral disease or other precarious oral conditions; and any intentional misconduct on the dental professional's part.
Dental malpractice cases typically fall under malpractice law. As with medical malpractice claims, you must demonstrate that your injury is more than short-term pain. If you can prove that the dental care provider (including dental assistant, dental hygienist, oral surgeon )
unintentionally or intentionally committed an act that no other reasonable prudent oral healthcare provider would have committed during the same time period, and that act must have caused significant injury, a dental malpractice attorney may help you recover considerable compensation if the case were to go to trial.
If you required expensive emergency surgery to correct what the dentist did wrong, if you missed a significant amount of work, or if you suffered permanent loss of sensation, or disfigurement along with pain and suffering, the dentist's malpractice insurance should allow you a fair settlement.
Negligent dental practice can include the following:
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.
Dental malpractice lawsuits can also include dental product liability claims, including silicone implants and dental lasers and legal malpractice claims based on underlying dental malpractice.
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.
Dental malpractice attorneys advise that you tell the provider you want your records for a second opinion dentist or to make sure that future dental providers are accurately informed about past dental history, to ensure that you obtain all records.
Document every event in a journal; it will help remind you of events and symptoms that occurred. The more evidence you have, the more credibility your dental malpractice claim has.
There is a statute of limitations to file a dental malpractice claim, which varies from state to state. 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.
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.
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Dental Malpractice
Negligence and malpractice occur in the dental profession as well as in any other profession. According to the National Practitioner Data Bank, one out of every seven medical malpractice cases directly involved a dental professional in 2006. Dental malpractice can occur if a dentist fails to diagnose or treat possible conditions such as oral cancer or other serious problems; delays diagnosis or treatment of oral disease or other precarious oral conditions; and any intentional misconduct on the dental professional's part.
Dental malpractice cases typically fall under malpractice law. As with medical malpractice claims, you must demonstrate that your injury is more than short-term pain. If you can prove that the dental care provider (including dental assistant, dental hygienist, oral surgeon )
unintentionally or intentionally committed an act that no other reasonable prudent oral healthcare provider would have committed during the same time period, and that act must have caused significant injury, a dental malpractice attorney may help you recover considerable compensation if the case were to go to trial.
If you required expensive emergency surgery to correct what the dentist did wrong, if you missed a significant amount of work, or if you suffered permanent loss of sensation, or disfigurement along with pain and suffering, the dentist's malpractice insurance should allow you a fair settlement.
Negligent dental practice can include the following:
- Nerve injuries that affect a patient's ability to taste and/or cause permanent numbness to the nerves of the tongue, jaw, chin and lips, including lingual nerve injury (tongue) and inferior alveolar nerve damage (lips, chin and jaw)
- Permanent or temporary numbness or loss of taste sensation
- Permanent or temporary structural injuries to the tongue, jaw, chin or lips
- Temporo Mandibular Joint (TMJ) disorders
- Wrongful death resulting from dental procedures or oral surgery
- Injuries or death caused by improper or negligent administration of anesthesia
- Complications arising from negligently completed crowns and bridges
- Dentists' failures to take into account a patient's relevant medical history
- Failure to detect oral cancer, periodontal disease, or other diseases
- Certain complications from anesthesia, even when releases are signed
- Unnecessary extraction of multiple teeth and/or extraction of wrong teeth
- Molesting a patient while under sedation
- Failure to obtain informed consent
- Treatment exceeding the scope of informed consent
- Complications from dental work performed months earlier
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.
Dental malpractice lawsuits can also include dental product liability claims, including silicone implants and dental lasers and legal malpractice claims based on underlying dental malpractice.
If You Suspect Dental Malpractice
Dental malpractice attorneys advise that you tell the provider you want your records for a second opinion dentist or to make sure that future dental providers are accurately informed about past dental history, to ensure that you obtain all records.
Document every event in a journal; it will help remind you of events and symptoms that occurred. The more evidence you have, the more credibility your dental malpractice claim has.
Statute of Limitations
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.
Dental Malpractice Legal Help
If you or a loved one has suffered damages in this case, please click the link below and your complaint will be sent to a lawyer who may evaluate your claim at no cost or obligation.Last updated on
DENTAL MALPRACTICE LEGAL ARTICLES AND INTERVIEWS
Dental Malpractice: How Can Three Become Sixteen?
Hearing in Oklahoma Dental Malpractice Case Postponed Again
Appellate Court Rules Dental Malpractice Trial Can Proceed
April 2, 2011
The particular case of dental malpractice may have occurred some time ago, but it bears repeating—if for no other reason than to serve as a reminder of just what can happen in the dentist's chair, and how horribly things can go wrong. To wit, a woman who agreed to have three teeth removed wound up losing every tooth she had in her upper mouth… READ MORE
Hearing in Oklahoma Dental Malpractice Case Postponed Again
December 1, 2010
An emergency board meeting in a dental malpractice case in Tulsa, Oklahoma, has been set for March 4, 2011, NewsOn6.com reports. READ MORE
Appellate Court Rules Dental Malpractice Trial Can Proceed
June 18, 2010
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. READ MORE
READER COMMENTS
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Pissed off in Pittsburgh
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Erin Holland Morgan
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Thank you in advance
Lateria Coleman
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Toni Beahm
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The novocaine injections were hard, numerous and rapid fire. He hit a nerve which was excruciating and I started to cry. He said " don't be a baby!".
He then pierced the nasal cavity with bleach. My jaw and ear were on FIRE! I began screaming. He them left me screaming to work on the other patient. After 5 minutes of screaming, he came back, took dental dam off and said you have to get to ER at on e!!!! No one called 911 or offered to drive me. I called a friend who drove me to ER. I was admitted to ICU for 5 days. My upper palet split open from swelling and I now have constant pain in my jaw.
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imelda
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Lillian
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Grace Isaac
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Grace Isaac
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Maggie Pistone
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Marie Daily
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Paul
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She went to see them for check up. Same office but not same dentist I saw (she had excellent teeth, no cavaties) she brushed her teeth after every meal just as everyone should do. In the past we did not have good dental insurance so she had two teeth extracted (I'm not an expert but I will call them the Fang teeth. Six teeth across front top, two front and two on each side space inbetween those then molars) so now that we do have really good insurance she wanted to take care of space that was where teeth were, Dentist explain that yes can fix with a bridge across gap (No problem) sounded pretty simple and also needed to have lower partial made since no rear teeth on lower. So secretary rushes to move ahead with procedure even makes a Saturday appointment (again no problem worked well for us since we are off on week ends)
She was advised that this would be a one day appointment
My wife being very nervous about having work done, She. Asked if I would go with her to drive her home afterwards. Reluctantly I said yes. We go early Sat morning, arrive on time, my wife even pays in advance so we can leave immediately after without having stand at counter being numb. So they bring her into back to do procedure and I would wait out in waiting room. Procedure takes approx, 3-1/2 hrs (I thought a little long but ok because one time visit) she comes out not smiling but ok because numb. We leave (again to me all normal) as we are driving home she tells me about proceedure done. Only find out that dentist ground down all of her teeth in front to make bridge for all teeth even the front two which was not explained to her that was going to be done. Now she is going to have a bridge on all of her teeth even ones that had nothing wrong. We are very upset about work done she will not have her smile anymore it will be fake not hers. Now in future any work done will have to be done through bridge there was nothing wrong with her teeth before just a space/gap she was very good at keeping her teeth clean
(I used to think she was overdueing it but turns out was worth all the brushing she did do, considering she had NO cavities and it had been several years since last dental visit like 10yrs)
We know that the damage is done now but it was not nessesary and now work must be completed just to have normal smile again. Very very upset about how a dentist can destroy something that someone worked so hard to have what they had in one visit. Can't go back to what was. But another alternative could have been such as a partial for the space/gap or two small bridges which ever but feel that all of teeth did not have to be destroyed for purpose served. And yes it was expensive and no it was not nessary to do (again no cavities not even space or gap in front two teeth) she had a very normal smile just missing two teeth on sides (remind you. Six across front)now nothing just nubs to attach new bridge and in pain due to proceedure performed. This was a voluntary procedure no accident accured to necitate the removal/grind down of other teeth. The dentist should have been more clear about work to be performed before doing so. She(my wife)would not have had gone through this unessisary proceedure had it been clearly explained. Now she is stuck completing with full bridge that wasn't needed.
Is there anything that we can do to make this kind of thing NOT happen to anybody else?
SO I SAY TO ANYONE. ASK FOR VERY CLEAR INSTRUCTIONS AS TO WHAT WILL BE DONE AND IS THERE ANY OTHER OPTIONS AVAILABLE!!!
Thank you!
Paul
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