Dental malpractice refers to situations where a dentist’s negligence or substandard care leads to injury or harm to a patient. Just like medical malpractice in other areas, dental malpractice cases can involve a variety of situations ranging from incorrect procedures to poor diagnosis or failure to treat a known issue. In Pennsylvania, patients who have been harmed due to a dentist’s mistakes may have the right to pursue legal action.

This blog post will discuss what constitutes dental malpractice, the key elements necessary to prove a case, and how you can move forward if you believe you have been a victim of dental negligence.

What Is Dental Malpractice?

Dental malpractice occurs when a dentist fails to meet the expected standard of care and, as a result, a patient is harmed. Dentists are expected to follow established protocols and provide care that aligns with the best practices in the field. If a dentist deviates from these practices and causes an injury, it can be considered malpractice.

Some examples of dental malpractice include:

1. Improper Procedures: Performing a dental procedure incorrectly, such as extracting the wrong tooth or improperly placing a dental implant.
2. Failure to Diagnose: Missing a diagnosis of a serious condition, such as oral cancer, gum disease, or an abscess.
3. Negligent Anesthesia Use: Administering too much anesthesia or failing to monitor a patient properly during anesthesia can lead to serious injury.
4. Inadequate Follow-Up Care: Failing to provide adequate post-procedure instructions or failing to follow up on a treatment plan.
5. Infection: Failure to sterilize dental tools or properly clean the mouth during treatment, leading to infection.
6. Failure to Obtain Informed Consent: Not properly informing the patient about the risks of a procedure, or going forward with a procedure the patient did not agree to.

How to Prove Dental Malpractice in Pennsylvania

Proving dental malpractice requires demonstrating that the dentist’s actions (or inactions) directly caused harm. In Pennsylvania, to win a dental malpractice claim, you must establish four key elements:

1. Establish the Dentist-Patient Relationship: The first step in proving dental malpractice is showing that a formal dentist-patient relationship existed. This relationship creates an obligation for the dentist to provide care that meets professional standards. You don’t need a written contract, but there must be clear evidence that you sought dental care from the practitioner and that they agreed to treat you.
2. Demonstrate the Standard of Care: The next crucial element is establishing what the standard of care is for the procedure or treatment you received. Dentists are held to a certain level of skill and competence. To prove malpractice, you must show that the dentist’s actions fell short of this standard. In most cases, expert testimony from another dentist or dental professional is required to establish what the appropriate standard was and how the defendant’s actions deviated from it.
3. Show the Dentist’s Negligence: The third step is to demonstrate that the dentist was negligent. Negligence can be shown in several ways, such as improper diagnosis, errors during treatment, or failure to provide follow-up care. Again, expert testimony is usually required to prove that the dentist’s actions were not in line with what another dentist in a similar situation would have done.
4. Prove That Negligence Caused Harm: Finally, you must prove that the dentist’s negligence directly caused harm to you. This could involve demonstrating physical injury, emotional distress, or financial losses due to the malpractice. For example, if a dentist’s error led to an infection, you must show that the infection caused additional health issues or prolonged pain. Medical records, expert testimony, and documentation of the damages will be important in this step.

Common Challenges in Dental Malpractice Cases

Dental malpractice cases, like other forms of malpractice, can be complex and challenging to pursue. Some of the common obstacles include:

• Establishing Negligence: Not all bad dental outcomes are the result of malpractice. Many dental procedures carry inherent risks, and not every poor result is caused by a dentist’s failure to follow the standard of care. Proving negligence requires expert testimony to show that the dentist’s conduct was below the expected standard.
• Obtaining Expert Testimony: In dental malpractice cases, expert witnesses play a crucial role. A dentist with expertise in the same field must be called upon to explain how the defendant’s actions were negligent. Finding the right expert can be a time-consuming and expensive process.
• Proving Causation: Even if a dentist is negligent, it can still be difficult to prove that their actions caused the harm. For example, if a patient develops complications after a procedure, it might not always be clear that the dentist’s actions were the root cause of the issue. Clear medical documentation and expert testimony are key to proving causation.

How to Protect Yourself

While dental malpractice claims are often complicated, there are steps you can take to protect yourself as a patient:

• Be Informed: Before undergoing any dental procedure, make sure you fully understand the potential risks. Ask questions and request to know if any alternative treatments are available.
• Keep Detailed Records: Retain all documentation related to your dental care, including medical records, treatment plans, and billing records. This information can be crucial if you need to pursue a malpractice claim.
• Seek a Second Opinion: If you are unsure about your treatment or if something doesn’t seem right, seek a second opinion from another dentist. This can help confirm whether your concerns are valid and whether the original treatment was appropriate.
• Report Concerns Promptly: If you believe your dentist made an error or you experience complications, report the issue right away. Early documentation of the issue can help your case later on.

Steps to Take if You Suspect Dental Malpractice

If you suspect you are a victim of dental malpractice in Pennsylvania, here are the steps you should take:

1. Seek Immediate Medical Attention: If you are experiencing complications or pain following dental treatment, seek medical attention right away. A doctor or another dentist can provide a second opinion and help manage any further complications.
2. Document Your Injuries: Take notes on your symptoms, any additional treatments you need, and how the malpractice has affected your life. Photos, records, and any communications with the dentist are also helpful.
3. Consult an Experienced Lawyer: Dental malpractice cases are complex. Consult a personal injury attorney who specializes in malpractice claims. They can assess your case, gather necessary evidence, and help you navigate the legal process.

Conclusion

Dental malpractice can have serious consequences, but victims have legal recourse to seek compensation for their injuries. If you believe you have been harmed by a dentist’s negligence, it’s important to act quickly and collect as much evidence as possible. With the help of a skilled attorney, you can hold the responsible party accountable and recover damages for medical expenses, lost wages, pain and suffering, and other costs associated with the malpractice.

At Kingbird Legal, we understand the complexities of dental malpractice cases and are committed to helping clients who have suffered due to poor dental care. If you or a loved one has been injured, contact us today for a consultation. We can guide you through the process and fight for the compensation you deserve.