Understanding Dental Malpractice Claims

Whether it’s a routine dental checkup or a complex surgical procedure, a visit to the dentist fills many people with dread. While most visits lead to beneficial outcomes for patients, unfortunately, this is not always the case. According to data from the National Practitioner Data Bank (NPDB), 34,042 dentist malpractice reports were filed between January 1, 2010, and December 31, 2020.

Dental malpractice can result in injury or harm to the patient. In some cases, it could even lead to death. When this happens the victim’s family members may be eligible to file a wrongful death claim against the dental professional seeking compensation for matters like medical expenses, funeral costs, loss of companionship, and emotional distress.

If you have lost a loved one due to dental negligence and are considering filing a claim, it is advisable to seek legal advice from a wrongful death lawyer who can guide you on the best course of action. In this article, we will take a closer look at the legal aspects of a dental malpractice claim.

What Is Dental Malpractice?

Dental malpractice occurs when the standard of care provided by a dentist falls below that expected of them, resulting in injury or harm to the patient. To successfully file a claim against a dental professional, a patient must be able to prove the following:

There was a duty of care between them and the dentist.
The dental professional breached this duty by failing to provide the standard of care expected in their profession.
As a result of this breach of duty, the patient suffered injuries or other losses.
The losses are quantifiable.

If a patient meets this criteria, they have strong grounds for proving negligence on the part of the dental professional and, therefore, seeking compensation.

Examples of Dental Malpractice

Dental malpractice can take many forms. Patients typically file dental malpractice claims for reasons such as:

Dental extraction: Injuries from extractions can include infection, bleeding, or damage to other teeth or parts of the mouth.
Implant procedures: Complications can arise such as infection, nerve damage, and implant failure.
Incorrect diagnosis or treatment: Failure to diagnose or treat periodontal disease or decay.
Root canal complications: This includes perforating the tooth root, or causing nerve damage.

These are just some instances where a patient may have grounds for establishing negligent dental care.

Damages

If they successfully meet the criteria required for establishing dental malpractice, claimants will be entitled to compensation for their injuries or losses. These will typically compensate them for matters like:

Pain and suffering
Physical injuries and disfigurement
Loss of quality of life
Emotional distress
Mental anguish
Medical expenses
Future Medical Costs

These damages take into account both the economic and non-economic losses incurred by the patient as a result of the negligent dental care they received.

Most dental professionals work hard to ensure they provide their patients with high quality, safe dental care. In the few cases, this standard falls short, and if a patient suffers harm or injury they may have grounds for bringing a dental malpractice claim against them.