What is Dental Malpractice?

Going to the dentist can be a pain for some people, especially if they experience issues such as cavities. Although some minor discomfort might be expected from normal dental treatments, dental malpractice can cause other types of pain.

Dental malpractice can occur when a dental patient is harmed due to sub-standard care. Dentists, orthodontists, and oral surgeons can be held liable for medical negligence, just like medical doctors. In this article, we’ll explore what it takes to establish a dental malpractice case and what type of care leads to those cases.

Dental Malpractice Cases

If you think you’ve experienced dental malpractice, you and your attorney will need to establish that a dentist-patient relationship exists. You’ll also need to establish the proper medical standard of care need for treatment, how that standard was breached and how the breach caused harm, as well as the nature and extent of the dental injury.

Typically, this means that your attorney will call on an expert medical witness to explain the medical standard of care that should be provided under the same circumstances. The medical witness will answer questions about the steps the dentist should have taken to prevent harm during the procedure or treatment.

To win a dental malpractice case, you’ll need to prove that the dentist caused your injury or caused an existing condition to worsen by their action or inaction. Before filing a dental malpractice lawsuit, think about the severity of the injury. If it was relatively minor, it might not be worth your time and expense. But for dental injuries that impact your quality of life and overall health, pursuing a case might be crucial for receiving the follow up care you need. Many dental malpractice cases are settled out of court.

Common Causes of Dental Malpractice

There are several different forms of dental malpractice. Among the most common are:

  • Failure to properly treat complications from care, such as infections
  • Improper teeth extractions
  • Failure to properly oversee employee actions
  • Failure to diagnose conditions like oral cancer or TMJ
  • Lack of informed consent

If you believe you have experienced dental malpractice, your dental record will be examined. It must contain a clear chronological history of events, treatment plans, and communication between you and the dentist.

If you or a loved one has been injured, contact the Schuerman Law office today. Schuerman Law has been working with personal injury claims for over 40 years. John Schuerman will compassionately advocate for injured individuals as well as their families while fighting for full compensation of their claims. Schuerman Law offers evening and weekend appointments in addition to home and hospital visits. Schedule a free consultation today by calling 1-800-274-0045.