Increasing Dental Malpractice Claims

When people think of the word "malpractice", they typically think of medical or legal malpractice. This is because medical malpractice and legal malpractice are the most common types of malpractice claims that are filed by plaintiffs. However, there is another category of malpractice claims: dental malpractice. The kinds of claims arise out of negligent treatment and / or diagnoses from dental professionals.

dental malpractice claims have been steadily increasing recently. Such claims are usually smaller than those arising out of medical malpractice. Nevertheless, serious injuries can result due to a dental professional's negligence. Such injuries can include loss of sensation in the mouth, injury to the nerves in the jaw, lip, or tongue, injuries due to improper administration of anesthesia, and even death.

Although many dental malpractice claims arise out of improper treatment, there are a good number that stem from a negligent failure to properly and / or timely diagnose a dental disease. For example, a dentist's failure to detect or diagnose oral cancer when under normal circumstances a dentist providing competent treatment would and should be able to do so would constitute malpractice. Similarly, if a dentist does not take a full and complete history prior to administering anesthesia to ensure there are no other medical conditions, which may make anesthesia dangerous to the patient's health, they will be liable for any injuries suffered by that patience due to that improper administration of the anesthesia.

Although rare, death can occur as a result of improper dental treatment. When death occurs, it is typically pretty clear-cut that dental malpractice has taken place on the part of the dentist. Death from dental procedures is usually the result of improperly administering anesthesia or negligent treatment of infections of the gums.

Some less serious injuries resulting from dental malpractice which may be the basis of a lawsuit include permanent damage to the nerves as a result of complications from oral surgery, permanent numbness from a root canal procedure, injury from an incorrect dental extraction where the wrong tooth is removed, to name a few.

Just like medical professionals, dentists are liable for injuries caused as a result of their improper treatment of patients, as well as misdiagnoses and failure to diagnose oral diseases. Dentists, like medical and legal professionals, are required to uphold a certain standard of care in providing treatment to their patients. If they violate this standard of care through their negligent conduct, and injury results, they will be guilty of dental malpractice and may face dental malpractice claims.

Some real life instances of dental malpractice include:

  • A periodontal abscess which was caused by a defective bridge that was not treated properly resulting in a settlement
  • A procedure was performed using improperly contoured crowns and bridges resulting in a settlement
  • A tongue was permanently numbed following a routine extraction of wisdom teeth resulting in a settlement
  • A dental procedure resulted in nerve injury in the patient's mouth resulting in a settlement
  • A routine dental procedure resulted in a painful numbing of the chin and lip to the patient resulting in a settlement
Many routine dental procedures are causing injuries to patients due to the sheer negligence of their dentists who are failing to practice within the standard of care in the dental industry. As a result, the number of dental malpractice claims is on the rise. Many more continue to go unreported, as there are many patients who are not aware of the remedies available to them in this situation. It is, thus, important to consult with a malpractice attorney if you have suffered harm at the hands of your dentist to ensure that you are fully compensated for your injuries.