9 Common Dental Negligence Lawsuits

9 Common Dental Negligence Lawsuits

Since malpractice is a legal term, there’s a very specific definition for what is and what isn’t dental negligence. In fact, the treatment provided to you by a dental care professional has not just to be below the acceptable standard of care that you should expect from a dentist, dental hygienist, or any other dental health care provider but also has to cause serious personal injuries to you; otherwise, it can’t be considered malpractice and in cases where individuals seek compensation for dental malpractice that doesn’t meet these requirements, their cases are dismissed.

Via –DENTAL MALPRACTICE

To sue a dentist for medical malpractice, you must be able to prove to a judge or jury that you suffered an injury as a result of a dentist’s provision of sub-standard care. Dental malpractice — much like medical malpractice — gives rise to a very specific type of negligence lawsuit. And any lawsuit that is based on principles of negligence must meet a four-pronged threshold to establish proof. Those four prongs are the duty, breach, causation, and damages.

Via – Can I Sue a Dentist for Medical Malpractice?

Though there are numbers of adverse symptoms of Dental Malpractice, you must consult your legal attorney and specify your conditions and concerns to evaluate your possible claims.

Dental Negligence Lawsuits

One of the most important defenses in a dental malpractice case is proper documentation. The patient’s dental record must contain a clear chronology of events, future treatment plans, and all the important communication between the dentist and patient. Comprehensive documentation also includes:

  • a copy of the written informed consent for any procedures that were done
  • a clear record of the patient’s history
  • a clear treatment plan (including documentation explaining the reason for any treatment for which the patient has been billed), and
  • notes were written at or near the time of the patient’s treatment.

Keep in mind that many people will examine the dental record if there is a lawsuit. Missing pages, inconsistencies, or unclear documentation will be problematic for the defense.

Via – Dental Malpractice Lawsuits

Commonly dental malpractice lawsuits arise from the following:

  • Negligence#1: Anesthesia Complications
  • Negligence#2: Failure to Diagnose Oral Diseases or Cancers
  • Negligence#3: Injuries to Oral Nerves
  • Negligence#4: Complications with Bridges and Crowns
  • Negligence#5: Tooth Extraction Problems
  • Negligence#6: Root Canal Injuries
  • Negligence#7: Complications from Novocain
  • Negligence#8:Infections
  • Negligence#9: Wrongful Death

Via – DENTAL MALPRACTICE

Here are 10 dental negligence cases review that might give you some instances that you may be a victim of Dental Medical Negligence.

Case #1: Extractions

In the infection requiring hospitalization subset, all patients were hospitalized, and of these, eight patients died from the infections. In the severed nerve subset, the injuries were permanent and the dentists involved did not refer or follow up the nerve injuries. In the sinus perforation subset, the dentists neither diagnosed nor referred the patient for treatment of the perforations. One perforation was due to a bur perforating the sinus. The bur fractured and was left in the sinus with no referral or attempt at retrieval. Lack of diagnosis and treatment also existed with the mandibular fractures and TMJ injuries. Of the defendants, 51 were general dentists and 12 were oral surgeons.

Case #2: Endodontic Procedures

The second most common alleged negligence was due to endodontic procedures. Of the above negligence claims due to endodontic procedures, all of the defendants were general dentists. The complications included instruments left in canals, nerve and sinus perforations, air embolisms, and life-threatening infections, including four fatalities. Of the life-threatening infections, seven were due to brain abscesses, and one due to osteomyelitis. Of these eight infections, four were fatalities and four resulted in irreversible brain damage.

Case #3: Dental Implants

In the implant loss subset, two to 10 implants were lost, and treatment planning was alleged to be deficient to non-existent. The patient with the post-operative infection succumbed to the infection. In 24 of the negligence claims involving dental implant surgery, the defendants were general dentists, and one was a periodontist.

Case #4: Substandard Crown, Bridge Treatment.

It is difficult to categorize this group into subsets because most of the treatments included numerous complaints including open margins, overhanging restorations, and poor occlusion. All cases involved multiple units or “full-mouth reconstructions.” There was a universal lack of treatment planning in these cases. All defendants were general dentists.

Case #5: Periodontal Disease

There were 19 cases of failure to diagnose or treat periodontal disease in a timely fashion. All defendants were general dentists. In the majority of these cases, X-rays were not taken routinely, and periodontal probings were rarely or never recorded.

Case #6: Orthodontics

There were 18 total cases of orthodontic treatment complications and 14 cases in the subset of root resorption. Numerous teeth per patient were seriously affected and the majority of these teeth were lost. Radiographs were not routinely taken. Of the treating dentists in the category, six were orthodontists and 12 were general dentists. The remaining four cases involved TMJ injury.

Case #7: Dental Anesthesia Complications

This category tied with extractions for the most fatalities. There were 12 claims with eight patient fatalities. Of the eight deaths, three were children. Of the defendants, four were oral surgeons, two were pedodontists, and six were general dentists.

Case #8: Dental Infections

There were 11 malpractice claims under this category. The infections resulted in four fatalities, two brain abscesses, and one case of septic arthritis. Nine defendants were general dentists, and two were oral surgeons.

Case #9: Dental Injections

Of these 10 cases, seven affected the lingual nerve; three involved the inferior alveolar nerve. In all cases, the dentists allegedly were made aware they had hit the nerve, but did not withdraw the needle and reinject as suggested in the dental literature. In addition, the dentists neither followed up the injuries nor referred them to be followed. Seven defendants were general dentists, and three were oral surgeons.

Case #10: Adverse Drug Reactions

In all five cases, the drug administered was contraindicated by the patient’s medical history. There were two fatalities in this category. One defendant was a periodontist; the other four were general dentists.

Via –A Review of Dental Negligence

Categories:

Contact Us Today

All Consultations are Free and Confidential
    • Please enter your name.
    • This isn't a valid phone number.
    • Please enter your email address.
      This isn't a valid email address.
    • Please make a selection.
    • Please select your state.
    • Please enter a message.