Getting What Is Rightfully Yours

What Is Dental Malpractice?

25 August 2015 by Penny Fisher

Many people think about medical negligence, mistakes made during surgery, and issues with the ER when they think of medical malpractice, but this also includes dental malpractice. If you experience injuries as a result of the dental care you receive, you might be able to sue for damages. Here are some things to know about dental malpractice cases.

Defining Dental Malpractice

Dental malpractice, like other forms of medical malpractice, occurs when the dentist, hygienist or other dental assistant causes an injury or loss due to their negligence. It must be negligence, and not simply something that occurred that could not have been prevented. For example, if a dentist is preparing your tooth for a crown and it cracks, that might not have been able to be avoided. This is not a malpractice case unless it cracked due to something the dentist did wrong. On the other hand, if the dentist failed to give you enough of a numbing agent prior to getting a filling, and you experienced intense and severe pain, that could be considered malpractice.

Proving Your Malpractice Case

One of the bigger challenges in dental malpractice cases is proving that the incident was due to negligence, and wasn't a common mistake. For example, if the dentist did not provide enough anesthesia, can you prove that they were aware of it and chose to complete the procedure anyway? Perhaps you noticed they were distracted by their cell phone ringing or seemed to be having a bad day. Other incidents are easier to prove, such as if the dentist pulled the wrong tooth. They should have your X-rays nearby and notes in your file about what number tooth needs to be pulled. Pulling the wrong tooth is pure negligence.

Knowing What Damages Are Involved

When you start preparing a lawsuit against your dentist for malpractice, consider what damages to sue for. This could be physical pain, emotional turmoil, or financial loss. If they pulled the wrong tooth, you not only need to replace that tooth but have another tooth pulled. You can sue for financial consequences, time off work for another extraction, and the emotional turmoil of needing to pull yet another tooth. If you experienced pain because they did not numb you enough and it was due to negligence, you might be able to sue not only for the physical pain, but for any post-traumatic stress you are still experiencing.

If you think you are a victim of dental malpractice, speak to a personal injury attorney like Dallas Laird right away. They will look over your case and provide you with information about your next steps.

Share