Dental malpractice is categorized
by injury as the result of negligent dental work, as
well as the failure to correctly diagnose or treat
adverse oral conditions. Dental malpractice also
includes any intentional misconduct acted upon a patient
by a dental care provider. Overall, in order to bring a
possible dental malpractice lawsuit, one must prove that
the
dental care provider committed a dental
procedure, whether intentionally or not, that no other
reasonable dental care provider would have committed.
A dental care provider
must at all times obtain a patient's consent for any treatment he
enacts. Treatment that exceeds the consent given may be
grounds for a dental malpractice lawsuit. However,
results of a medical procedure cannot be guaranteed and
a lawsuit may not be brought because a patient was
unhappy with the results of a treatment.
Dental Malpractice cases can come
in many forms. They can cause injury via the misuse of
analgesics, anesthetics, antibiotics and sedatives.
Negligent dental care providers can also insist on
costly procedures that are not necessary. The common
cases of dental malpractice include: facial paralysis,
problems with cavity fillings, dental-related surgical
errors, root canal errors, and chronic pain.
Dental Malpractice and negligence
can be caused by many causes. The common causes of dental
malpractice cases are:
-
Failure to detect an oral disease or malformation
- Use of defective dental products
- Injury to oral cavity or surrounding bone
structure and
tissue
-
Improper use of dental or surgical utensils
-
Wrongful death caused by dental procedure
- Performing unnecessary
procedures
It is also possible for a dental
care provider to exploit the insurance system for the
physician's
benefit. A dentist might perform many non-required or
even unnecessary diagnostics and follow-up exams just to
get more insurance money. Though rare, such
conduct falls under dental malpractice.
As in many malpractice cases,
having well written documented evidence is helpful.
Documented evidence helps build credibility for a claim
as well as remind the patient of events he might have
forgotten. A journal of the events and symptoms of a
patient is a good source of documentation. Dental
records, which include the symptoms and injuries the
patient has incurred, are also helpful in building a
dental malpractice case. Remember, it is important that
the documentation portray the patient’s actions as
trying to be helpful and understanding, lest the defense
argue that the patient was attempting to bring a lawsuit
from the start.
Dental charts play an important
role in dental malpractice cases, as they can
corroborate the patient’s story. However, it is
important that the dental care provider does not alter
or “lose” any records. It is recommended that the
request for dental records be made by the patient, with
no sign of building a potential malpractice case.
Patients commonly say they need the dental records for a
second opinion. It is important that the copy of the
dental records received be checked against the original
to verify is correctness and completeness. Also, there
may be certain types of records that are not included in
dental charts (such as x-rays, prescriptions, referral
slips). It is important that the patient obtain all
these records as well.
In court, the accused negligent
dental care provider will have attorneys that will try
to refute and devalue your case. Having a dental
malpractice attorney on your side will help fight and
counter the testimony given by the dental care
provider.
You have the right
to receive proper compensation
for the injuries sustained due to a negligent dental care
provider!
