While medical malpractice is often associated with doctors, dentists and orthodontists can also be held accountable when they fail to provide proper care. Dental malpractice occurs when a dentist’s actions—or lack thereof—cause harm to a patient. This can include failing to diagnose a condition, improper use of anesthesia, not obtaining informed consent, or making mistakes during procedures like tooth extractions. Dentists can also be held liable for the actions of their staff if their failure to supervise leads to harm.
Proving a Dental Malpractice Claim
To succeed in a dental malpractice claim, four critical elements must be proven:
- Duty of care: This arises when a dentist-patient relationship exists. The dentist is expected to provide treatment according to the accepted standard of care.
- Breach of duty: The patient must show that the dentist’s actions—or lack of action—fell below the appropriate standard of care.
- Causation: The breach must have directly caused the injury or harm the patient suffered. This often involves countering any arguments the dentist may make that the injury was a result of a pre-existing condition or a known complication of the procedure.
- Damages: These are the losses the patient experienced as a result of the malpractice. This could include medical expenses, pain and suffering, and other related costs.
Expert testimony is usually required to establish these elements, particularly when it comes to determining the standard of care and proving that the dentist’s actions were negligent.
Examples of Dental Malpractice
Common types of dental malpractice include:
- Failure to diagnose a condition
- Errors during treatment or surgery
- Improper use of anesthesia
- Failure to obtain informed consent
- Failure to refer the patient to a specialist
- Poor supervision of staff, resulting in harm
The Legal Process in Dental Malpractice Cases
Like medical malpractice cases, dental malpractice claims can be complex. Some states require plaintiffs to file a claim with the state board of dentistry before pursuing legal action. Additionally, many states mandate an affidavit of merit to validate the claim’s legitimacy before it can proceed in court. During the discovery process, dental records, treatment communications, and the costs of any additional procedures required to correct the mistake will be examined.
By the end of discovery, both sides typically have a clearer understanding of their chances in court, often leading to a settlement. However, if a settlement isn’t reached, the case may proceed to trial, where a judge or jury will decide the outcome.
How LawyerUp.AI Can Help
Dental malpractice cases require a robust legal strategy to succeed. LawyerUp.AI uses advanced AI to develop the strongest arguments for your claim, ensuring every detail is thoroughly analyzed. Our platform then connects you with a top attorney who specializes in malpractice cases, focused on securing the maximum compensation for your injuries. With LawyerUp.AI, you gain access to the best legal expertise, helping you get the most money for your case while navigating the complexities of dental malpractice law.