Dental injuries can cause serious pain, long-term health complications, and lasting damage to your quality of life. When these injuries result from a dentist’s mistake or failure to meet professional standards, they may qualify as dental malpractice.
At Atlee Hall, our Pennsylvania medical malpractice lawyers help patients hold negligent dental professionals accountable and pursue compensation for the harm they have suffered.
What Is a Dental Injury Caused by Dental Malpractice?
Dental or orthodontic injuries involve the teeth, gums, tongue, jaw, and other structures of the mouth. Common dental injuries include broken, lost, or displaced teeth, nerve damage, gum injuries, and infections. In some cases, untreated or improperly treated dental injuries can lead to severe infections or permanent impairment.
Dental malpractice occurs when a dentist, orthodontist, oral surgeon, or other dental professional fails to meet the accepted standard of care, causing injury to a patient. Dental infections may also develop when providers fail to diagnose or properly treat an underlying oral condition.
Tooth extraction injuries are a frequent example of dental negligence. When a dental professional fails to fully or properly remove a tooth, patients may experience excessive bleeding, infection, nerve damage, or damage to surrounding teeth.
How Do Dental Injuries Happen?
Dental injuries due to negligence occur when a dentist, oral surgeon, orthodontist, or other professional fails to uphold their duty to you – the patient. That means they did not provide appropriate treatment or act in accordance with the standards of their profession.
Many dental injuries happen during oral surgery. Oral surgeons work closely with anesthesiologists and nurses, all of whom have significant responsibilities during a surgery. One slip of the hand can cause considerable damage to your mouth.
Types of Dental Malpractice
Dental malpractice can take many forms. Some of the most common types of dental negligence include:
Misdiagnosis or Failure to Diagnose
Dentists may fail to detect oral health conditions such as gum disease, oral cancer, or infections. A misdiagnosis or delayed diagnosis can lead to worsening conditions, requiring more invasive treatments.
Improper Dental Procedures
Mistakes during standard procedures, such as root canals, extractions, or implants, can lead to nerve damage, infections, or permanent injuries. For instance, an improper tooth extraction could damage adjacent teeth or cause excessive bleeding.
Anesthesia Errors
Dentists administering local or general anesthesia must ensure accurate dosages and closely monitor the patient. Errors can result in severe reactions, brain damage, or even fatalities.
Infections from Unsanitary Practices
Using unsterilized equipment or failing to maintain proper hygiene can expose patients to serious infections, such as hepatitis or bacterial infections.
Failure to Obtain Informed Consent
Patients must be informed of the risks associated with any dental procedure. Performing a procedure without obtaining adequate consent or providing an explanation can be considered malpractice.
Who Is Liable for Dental Injuries?
If a dental professional causes you harm, they can be held responsible. Dentists, orthodontists, nurses, dental techs, and oral surgeons, amongst others, may be to blame. Their employer, often a dental practice, can also be held accountable.
In almost every instance of dental negligence, the insurer of these companies and individuals will be held financially liable. Dental professionals and clinics often have insurance policies with high limits, so we will likely secure all the compensation you need to rectify the mistakes they made. Additionally, you may be able to get money for lost wages, pain and suffering, and other damages you have incurred.
Can a Dentist Be Liable for Oral Cancer Misdiagnosis?
While it is not likely that a dental professional or clinic caused your cancer, they may have failed to diagnose it or treat it appropriately. Your regular dentist should perform routine exams that screen for oral cancer. If it is missed and a delay in diagnosis occurs, and you suffer, they may be held responsible. Our medical malpractice lawyers can help you understand who might be liable and any compensation you are entitled to.
If you receive negligent treatment for your oral cancer, you may also be able to hold someone responsible for your damages. Oral cancer can have a long-lasting impact on the way your mouth functions. Immediate treatment upon diagnosis is essential. If there is a delay in treatment or your doctors do not treat you aggressively enough, they might be responsible for any harm done.
Dental Malpractice FAQs
How do I prove dental malpractice?
To prove dental malpractice, you need to establish four elements: that a dentist-patient relationship existed, the dentist failed to meet the standard of care, this failure caused your injury, and the injury led to measurable damages, such as medical bills or pain and suffering.
What compensation can I recover in a dental malpractice case?
If you win a dental malpractice case, you may be entitled to compensation for medical expenses related to corrective treatment, lost wages if you were unable to work, pain and suffering, and, in some cases, punitive damages for particularly egregious misconduct.
Can I sue if a dental procedure was unsuccessful but not negligent?
An unsuccessful procedure does not necessarily qualify as malpractice. To have a valid claim, you must prove the dentist acted negligently or failed to meet the standard of care, resulting in your injury.
How long do I have to file a dental malpractice claim in Pennsylvania?
In Pennsylvania, the statute of limitations for filing a dental malpractice lawsuit is typically two years from the date of the injury or the date you became aware of it. However, there may be exceptions, so it’s essential to consult an attorney promptly.
Injured by a Dentist’s Mistake? Speak with a Pennsylvania Dental Malpractice Lawyer
It’s important to have dental professionals who understand your needs and treat you appropriately. If one fails to provide the care you deserve and causes you harm because of it, they should be held responsible. Our medical malpractice lawyers in Lancaster, PA will compassionately listen to your story and help you get the compensation you need.
Call Atlee Hall today at (717) 393-9596 or use our online contact form to reach out for an initial consultation.
