When a patient is injured as a result of dental malpractice, they have the right to seek legal remedies, and this includes filing a dental malpractice lawsuit, and a complaint with the state dental board.

Dental malpractice occurs when a dentist deviates from the appropriate standard of care in the dental community, which directly results in a patient injury. How is this standard of care measured? It is the "level of care which a competent dentist would have provided under similar circumstances."

Examples of dental malpractice:

• Misdiagnoses of a dental condition
• A delayed diagnoses
• Unnecessary extraction of teeth
• An unwarranted delay in necessary treatment
• Anesthesia errors
• Infections caused by unsterilized dental equipment
• Failure to diagnose or treat periodontal disease

Elements of a Dental Malpractice Case

In order to win a dental malpractice case, these elements must exist:

• The dentist had a duty to care for you.
• The dentist breached the standard of care.
• The dentist injured you.
• Proof that the dentist's breach of the standard of care caused your injuries.

Dental malpractice suits should always be filed by an experienced medical malpractice lawyer. Due to depositions, hiring expert witnesses, and subpoenaing records, it's virtually impossible to represent yourself in a dental malpractice case.

It's rare for dentists and their insurance companies to readily settle malpractice suits; if they did they would be admitting negligence, which could adversely affect their career.

Many dentists have a "right to refuse settlement" clause in their malpractice insurance policies, which means that even if the malpractice is blatantly obvious, the dentist maintains the right to refuse to settle a case.

To win a dental malpractice suit when a dentist has a right to refuse settlement clause in their policy, a plaintiff must file a lawsuit if they want to have any chance at receiving compensation.