In the medical field, if a doctor performs substandard care and in effect injures a patient, the doctor can be sued for medical malpractice; the same theory applies to dentists.

If a dentist harms a patient because he or she was negligent, or otherwise performed poor-quality care, the dental patient can use the dentist for dental malpractice. For a dental patient to sue for medical malpractice, he or she must first establish the following:

1. He or she was the dentist's patient.
2. The dentist provided substandard care.
3. The substandard dental care harmed the patient.

While it's not difficult to prove that a patient was under a dentist's care, proving #3 is critical. It is important that the patient can show that the substandard care caused a serious enough injury. If the injury was only minor, for example, something that caused temporary pain, it may not be worth filing an actual lawsuit.

Examples of Dental Malpractice

Just like medical malpractice, dental malpractice is real and it can certainly cause harm to a patient. Here are some examples of dental malpractice:

• Anesthesia errors
• Wrong teeth extracted
• Unnecessary tooth extractions
• Failure to diagnose a condition, such as oral cancer or an infection
• Failure to treat an infection or other complication
• Failure to supervise the actions of an employee, such as a dental hygienist
• Failing to refer a patient to a specialist
• Not obtaining the patient's informed consent

For the dentist, one of the most important ways they can defend their case is by having complete and thorough documentation. Such documentation would include a copy of the patient's informed consent, a record of the patient's history, the patient's detailed treatment plan, and any notes written near or during the procedure in question.

When a lawsuit is filed, the above documentation will be examined carefully. If the dentist did not keep accurate or detailed records, any such inconsistencies can pose problems for the defense.

If you want to file a dental malpractice lawsuit, contact a medical malpractice attorney today!