Around one in every seven medical malpractice lawsuits involve dental care. Even though dental malpractice isn't as common as other types of medical malpractice, it can be a problem. Mistakes made by a dental professional can sometimes leave you sick, injured, disfigured, disabled, or even deceased in some cases. If you think you have a case, a medical malpractice attorney can help you determine if it's worthy of a lawsuit, but you can start by taking a look at some of the most common reasons for dental malpractice lawsuits.
Extracting the Wrong Tooth
One of the most common dental practice lawsuits usually involves a dentist pulling the wrong tooth or pulling a tooth that is perfectly healthy and doesn't require extraction. Not only does this lead to permanent disfigurement, but it can also lead to pain and suffering from nerve damage, infection, and other ailments. These extractions can happen when a dentist misreads an X-ray or makes a mistake.
Misdiagnosis or Late Diagnosis of Serious Diseases
If your dentist sees signs of a serious disease, such as oral cancer, it's up to them to tell you and treat it or refer you to someone who will. Some dental malpractice cases involve a dentist mistaking the signs for another disease, waiting until it's too late to treat the disease to diagnose it, or not diagnosing it at all. This is considered negligence on the part of a medical professional.
Errors With Medication or Anesthesia
Aside from tooth extraction, medication errors, especially anesthesia, are among the top reasons for a dental malpractice suit. These errors can be deadly. A dentist may prescribe the wrong drug or prescribe the wrong amount. A dentist administering anesthesia must ensure their patients get the correct amount and stay alert for any signs of a bad reaction. In some rare but unfortunate cases, dentists purposely administer too much anesthesia for nefarious purposes.
Failure to Recommend You to a Specialist or Recommend Additional Treatment
A dentist can tell a lot about your health by looking inside your mouth. From heart disease to anemia, a dental professional is often the first person to suggest something is wrong. That dentist should then recommend you seek medical treatment or even refer you to a specialist who can diagnose your health condition further. Failure to do so can be considered malpractice.
Crown and Bridge Misplacement
If a dentist places a crown or bridge in the wrong place, it can damage your teeth and gums and lead to some serious health complications, such as infection. Some dentists do this accidentally. Some may suggest that you need a crown or a bridge when you don't need one at all. Anything that falls into this category may qualify as dental malpractice.
Improper Root Canals
Dental malpractice lawsuits that stem from root canals are almost as common as wrongful tooth extractions. Dentists can damage nerves or tissue, leave instruments in cavities, and more. These mistakes often lead to infections and can even lead to permanent brain damage.
Complications From Orthodontics
Dentists aren't the only professionals who can be subject to a dental malpractice lawsuit. Other dental professionals, such as orthodontists, can also be subject to these lawsuits. If braces and other orthodontic devices are applied incorrectly or applied and the dental professional doesn't follow up properly, you can end up with serious medical issues that can damage your teeth, gums, and jaws.
Poor or Lack of Treatment After a Procedure
After a dental procedure, you typically need continued care, whether you administer it on your own at home or return to your dentist's office for follow-up appointments or both. However, if your dentist performs a procedure and doesn't explain that you'll need to care for it at home or doesn't tell you to follow up and leaves you hanging, they may be considered negligent for the sake of a malpractice lawsuit.
Failure to Get Consent From the Patient or Fully Explain Risks
No medical professional should ever perform any kind of exam or procedure without your consent, no matter how minor it is. Failure to get your consent, usually in writing, can lead to a lawsuit. Furthermore, if your dentist suggests a procedure but doesn't fully explain any risks involved, they may also be considered negligent.
