Dental Malpractice Law
Going to the dentist should be a routine part of staying healthy, but sometimes things go wrong. If you've experienced injury or harm due to mistakes by a dentist, you may be wondering about whether you have legal options.
What Is Dental Malpractice?
Dental malpractice is a type of medical malpractice that occurs when a dentist, orthodontist, or other dental professional's actions or omissions fall below the accepted standard of care in the dental field. Like other healthcare providers, dentists have a legal duty to provide treatment that a reasonably competent practitioner with similar training and experience would provide under similar circumstances. If they fail to meet this duty, and a patient is harmed as a result, they may be held legally responsible.
Understanding the Standard of Care
The "standard of care" in dental malpractice cases refers to what another dentist with similar experience and qualifications would do when faced with the same or a similar situation. This standard can vary depending on several factors, including the dentist’s specialty, the patient’s medical history, and the known risks associated with the procedure. For example, if a dentist knows a patient has a heart condition, the standard of care might require the dentist to consult with the patient's cardiologist before performing a complex procedure, even if it's not strictly "required" for most patients.
Elements of a Dental Malpractice Claim
A successful dental malpractice claim usually has four key elements. First, a dentist-patient relationship must exist. This relationship creates the legal duty of care. Second, the dentist’s actions or omissions must breach that duty. For example, failing to properly sterilize instruments, leading to an infection, would be a breach of duty. Third, there must be a direct link between the dentist's breach of duty and the patient’s injury. This is called "causation." It's not enough to say the dentist did something wrong; you have to prove that because of their mistake, you were injured. Fourth, the patient must suffer measurable harm, often called "damages." This could include additional medical costs, ongoing pain, or other negative consequences.
Common Examples of Dental Malpractice
Dental malpractice can take many forms. Some common examples include:
- Failure to diagnose: Failing to promptly spot a serious condition like oral cancer
- Incorrect procedure: Performing the wrong procedure, such as extracting the wrong tooth
- Failure to refer: Not sending a patient to a specialist when necessary
- Improper anesthesia: Improperly administering anesthesia, such as using too much and causing nerve damage
- Negligent supervision: Failing to properly supervise dental assistants
It's important to remember that dental malpractice isn't simply a bad outcome. Sometimes, even with the best care, complications can occur. Malpractice focuses on whether the dentist's actions fell below the accepted standard of care.
Understanding Damages
If a dental malpractice claim is successful, the patient may be awarded "damages." These damages can be economic, covering things like the costs of corrective procedures, medication, and other related medical expenses. They can also be non-economic, covering pain, suffering, and diminished quality of life. It's often difficult to put a precise dollar amount on non-economic damages.
Statute of Limitations and Other Important Requirements
Each state has specific rules about how and when a dental malpractice lawsuit must be filed. All states have a "statute of limitations," which sets a deadline for filing a claim. This deadline may be defined in relation to when the injury occurs or when the patient reasonably becomes aware of the harm. These deadlines are strictly enforced, so it’s crucial to act quickly. Many states also require an "affidavit of merit" or a similar expert statement, which is a sworn statement from a qualified expert that indicates the claim has a reasonable basis. This helps prevent frivolous lawsuits.
The Litigation Process
Dental malpractice cases often involve a complex legal process. Generally, the patient (plaintiff) files a lawsuit, and the dentist (defendant) responds. Then, both sides gather evidence through a process called “discovery.” This can involve reviewing medical records and questioning witnesses. If expert opinions suggest that malpractice likely occurred, the parties may try to reach a settlement. If no settlement is reached, the case may go to trial. Litigation can be a long and expensive process.
