Dental malpractice is a form of professional negligence by a dentist or other dental professional that causes injury or harm to a patient. It can occur as a result of a failure to diagnose a condition, improper treatment, or a failure to obtain informed consent from the patient.
Examples of Dental Malpractice
Some of the more common examples of dental malpractice include the following.
Improper Treatment
This can occur when a dentist performs a procedure that is not necessary, fails to diagnose a condition that requires treatment, or performs a procedure in a manner that is not in line with accepted standards of care.
Misdiagnosis
A dentist can be liable for malpractice if they misdiagnose a dental condition or fail to diagnose a condition that is later found to be serious. The most serious dental malpractice cases typically involve the failure to diagnose oral cancer.
Failure To Obtain Informed Consent
Before any dental procedure is performed, a dentist is required to obtain the patient's informed consent. This means that the dentist must provide the patient with information about the procedure, the risks and benefits, and any alternatives. If a dentist fails to obtain informed consent from the patient, the dentist may be liable for malpractice.
Nerve Damage
Dental procedures can sometimes result in nerve damage, which can cause pain, numbness, or other problems. If a dentist is found to be negligent in causing nerve damage, they can be liable for malpractice.
Improper Dental Implants
Improper placement of dental implants or failure to diagnose problems with implants can lead to serious complications and require additional procedures to correct.
These are just a few examples of dental malpractice. In order to prove a case of dental malpractice, a plaintiff must show that (1) the dentist had a duty to provide proper care, sometimes called the standard of care in dentistry; (2) the dentist breached this duty; and (3) the breach of the standard of care caused injury or harm to the patient. It's important to seek the advice of a qualified dental malpractice attorney if you believe that you have been a victim of dental malpractice.
