What Is a Dental Injury?
Dental or orthodontic injuries involve the teeth, gums, tongue, and other parts of your mouth. Some of the most common dental injuries include broken, lost, or displaced teeth and damaged gums. Dental infections may also occur if the original damage in your mouth does not heal properly or your dental provider does not appropriately treat you.
Tooth extraction injuries are common when a dentist, orthodontist, or other professional fails to remove a tooth completely or appropriately. These injuries may lead to loss of other teeth, infection, or excessive bleeding.
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 that they did not provide appropriate treatment or act under 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
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 common procedures like 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 correct dosages and monitor the patient closely. 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 adequate consent or explanation can be considered malpractice.
Who Is Liable for Dental Injuries?
If a dental professional hurts you, he or she 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 be able to get all of the compensation you need to fix 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 I Sue for Oral Cancer?
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 there is a delay in diagnosis and you suffer, he or she 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.
Contact a Pennsylvania Dental Malpractice Attorney Today
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 dental 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.
