When Do You Need A Dental Malpractice Lawyer

by Jay Anderson

Although medical malpractice is something most people have heard of, many people do not realize that this also applies in the dental field, and finding a dental malpractice lawyer is something you should consider if you are a victim of this. Almost all dentists, like doctors, carry dental malpractice insurance to protect themselves because they are human and prone to judgment errors and treatment errors, although we would like to think that it does not happen.

In general, dental malpractice claims have remained fairly steady over about the last decade, as have their outcomes. Claims for malpractice are usually smaller than those that occur in the medical community. When they occur, they occur because improper treatment or services have been rendered, or the dentist has failed to properly detect or diagnose conditions. Injuries in dental malpractice can include injuries to the lips, jaw, tongue, damage to the nerves affecting these areas, failure to detect oral cancer or other oral disease, injuries related to dental surgery and treatment, and even death or injury related to anesthetic use.

A patient has a right to expect professional and correct treatment when visiting their dentist, just as with their doctor. If this responsibility is not met or if negligence is encountered, dental malpractice may have occurred. While not every error made by your dentist will warrant a lawsuit, there may be occasions where the injury is severe enough of even permanent where a lawsuit is called for. A dental malpractice lawyer will review the details of the case and is in a position to advise you, based on their experience, whether or not a lawsuit should be filed or not.

The most serious case of dental malpractice is when the end result of improperly applied procedures result in the patient’s death. This can be due to anesthesia being incorrectly applied, or as a result of complications from a botched procedure, which can allow infections to set in.

Oral surgery is covered here as well, where the potential for permanent damage is typically even greater, especially damage to facial or tongue nerves, and possibly even the tongue itself. If this occurs, there can be a severe loss of sensation which may include difficulty in talking, swallowing, and/or eating.

Patients can also be injured from dental extractions, or a dentist may remove a healthy tooth by mistake when he or she meant to extract a decayed or otherwise damaged tooth. This can be serious, because unnecessary tooth loss can lead to other complications. In some cases, dental malpractice occurs when a dentist fails to do something such as to diagnose and treat periodontal disease or oral cancer. Still another malpractice situation can occur if a dentist performs treatment to which the patient did not consent.

In some cases, improper orthodontic procedures are done on adults or children, and this, too, can be defined as malpractice. Orthodontists are required to present alternatives to patients, and in some cases, can improperly remove teeth instead of presenting other less radical options to aid in teeth straightening. When orthodontics are improperly done, this can also lead to TMJ syndrome or headaches that will not go away.

Don’t be afraid to contact a dental malpractice lawyer if you see any of these things applying to you. You can discuss your case with a qualified attorney and they can use their experience to advise you whether or not you have a valid case that you should pursue.

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