Dental malpractice, while less common than medical malpractice, can occur when a dentist or dental professional fails to provide an appropriate standard of care, leading to injuries or harm to a patient. Understanding when to seek compensation for dental injuries involves recognizing instances where negligence or substandard treatment has occurred. The following seven circumstances may qualify for eligibility to seek compensation through a dental malpractice claim.
1. Failure to Diagnose or Misdiagnosis
If a dentist fails to diagnose or misdiagnoses a dental condition, leading to incorrect treatment or delayed care that causes harm, it may constitute malpractice. For instance, failing to identify periodontal disease, oral cancer or misinterpreting x-rays can result in worsened conditions and the need for more invasive treatments.
2. Surgical Errors or Complications
During dental surgeries or procedures, errors such as nerve damage, excessive bleeding or perforations of the sinus cavity can occur. These complications might result from negligent actions during the procedure, inadequate preparation or lack of proper equipment, constituting malpractice.
3. Medication Errors
Incorrectly prescribed medications or anesthesia can lead to adverse reactions, complications or allergic responses. Dental professionals must ensure accurate dosages and consider a patient’s medical history to prevent harmful reactions.
4. Infections or Post-Treatment Complications
Improper sterilization of equipment or unsanitary practices can lead to infections following dental procedures. Negligence in post-treatment care, such as failing to provide proper instructions or follow-up care, could also result in complications that may warrant a malpractice claim.
5. Unnecessary or Improper Procedures
Performing unnecessary dental procedures or using improper techniques that cause harm may constitute malpractice. For example, unnecessary tooth extractions or poorly executed root canals resulting in further damage could be grounds for a claim.
6. Informed Consent Issues
Dental professionals are required to obtain informed consent before performing any procedure. If a patient is not adequately informed of the risks, potential complications or alternative treatments and experiences harm as a result, it might lead to a malpractice claim.
7. Persistent or Worsening Pain
If a patient experiences persistent or worsening pain after a dental procedure or treatment, it could indicate underlying issues or complications. Failure of the dentist to address these concerns adequately might constitute malpractice.
When considering a dental malpractice claim, it is essential to gather evidence supporting the claim, including dental records, documentation of treatments and procedures, medical bills and expert opinions from other dental professionals. Consulting a qualified attorney experienced in dental malpractice cases, like our attorneys at Moriarty Injury Lawyer, can provide guidance on the validity of the claim and the legal steps necessary to seek compensation.
It is crucial to note that not every adverse outcome or complication from dental treatment constitutes malpractice. Sometimes, despite receiving appropriate care, complications can arise. However, if there are grounds to suspect negligence or substandard care leading to dental injuries or harm, pursuing a malpractice claim might be necessary to seek compensation for medical expenses, pain and suffering, lost wages and other damages caused by the dental professional’s negligence. If you believe you have been injured due to dental negligence, contact Moriarty Injury Lawyer in Atlanta, GA, for a free legal consultation.
Posted on behalf of Moriarty Injury Lawyer
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