Does Dental Damage Count as Medical Malpractice?

Our judicial system is built on the premise that a person is innocent until proven guilty. Our courts also provide a path for an individual who has a grievance against another individual or business to seek a remedy. According to the most recent data from the United States Courts, there were 461,478 filings in civil courts of people seeking their own version of a remedy. Those damages range from injuries due to car accidents to medical malpractice. In the latter category, does dental damage count as medical malpractice?

A dentist can be sued for malpractice in the same way that a doctor can be sued for negligence. In addition to the dentist, a dental hygienist, oral surgeon, endodontist, or anyone in the treatment team can be named as defendants in a malpractice lawsuit. The following are some of the possible dental malpractice scenarios that could lead to a lawsuit.

Dental Implant Failure

Dental implants have become a popular option for tooth replacement. However, it has also been a major cause of dental malpractice issues. If a problem occurs because of a dental implant failure, you might be able to trace it back to the lack of certification or training of the person who is performing the implant.

An implant is a surgical procedure that depends on understanding image technology as part of the planning and operation. When the images generated aren’t followed, there could be nerve damage. The patient’s medical history is also a factor for this type of procedure. The dentist needs a thorough history to ensure there won’t be any complications with medications, recovery, or during the procedure. For instance, a history of hypertension or heart palpitations should be a consideration.

Working on the Wrong Tooth

If a dentist rushes through a procedure, they could accidentally work on the wrong tooth. Imagine getting a cavity filled on a tooth without a cavity. There have also been instances when the wrong tooth has been extracted, which would then require a replacement with additional expenses.

Nerve Damage from Extractions

Pulling a tooth involves a lot of force. A slip of the extraction tool or miscalculation can result in nerve damage to the patient. There is also a risk of infection forming around the extraction site. If that infection spreads to the bone it is referred to as osteomyelitis, and it can become a very serious issue. Additionally, the patient’s jaw could be fractured during the procedure, and the dentist might not be aware of the injury. That might require reconstructive surgery.

Crown Issues

A poorly placed crown can result in a gap between the natural tooth and the crown, or an overhang could occur. Either scenario can cause food particles to build up and cause additional problems.

Misdiagnosis

A dentist must thoroughly examine a patient’s gums, teeth, tongue, and jaw. A misdiagnosis can allow periodontal disease to progress, leading to even more complications, such as an infection spreading to the patient’s blood system. It can also trigger additional pain for the patient. A misdiagnosis can also overlook oral cancer.

Proving the Case

Proving a dental malpractice case can be challenging. Every patient has a responsibility to follow aftercare instructions. However, that does not excuse a procedure that was improperly performed. In order to prove a dental malpractice case, you need to establish the following elements:

• The relationship between you and your dentist.
• The medical standard of care that the dentists should have provided.
• Description of the breach of those standards of care.
• Details of the damage suffered by the patient.

There is rarely a dispute about a patient’s relationship with their dentist. Establishing the standard of care applies to the skills that any trained dentist should know. During the lawsuit, your attorney can line up an expert witness who will explain what a dentist is expected to know. This is why your dentist might often recommend a specialist for a particular procedure.

The breach of care is proof that the dentist or their team directly caused an injury through their actions or inactions. Finally, an assessment of the damage needs to be made. Those can include the medical expenses required to correct a problem. It can also include compensation for lost wages if the injury kept you from working and for pain and suffering.

Retaining the Services of an Attorney

It can be emotionally draining to sue a dentist that you might have had a relationship with for years. However, just because you put your trust in them before does not make them infallible. If you’ve suffered an injury from a dental procedure, you must discuss what happened with Western Justice Associates, PLLC.

We have a track record of success with dental and medical malpractice lawsuits. The support and guidance that we can provide starts at the free consultation. Call to schedule that talk today.