Pottstown Dental Malpractice Lawyer

When a dentist’s negligence causes harm, you deserve justice. If you’ve been injured due to dental malpractice, Kingbird Legal is here to help. Our Pottstown dental malpractice lawyer will work to secure compensation for your medical care and recovery. Call 484-289-4880 today for a free consultation, and let us help you seek justice.

How Dental Records Play a Crucial Role in Malpractice Claims in Pennsylvania

Dental malpractice is a serious issue that can have long-lasting consequences for patients. When a dentist makes a mistake or acts negligently, it can result in pain, injury, and significant financial costs for the patient. In Pennsylvania, if you believe that you have been harmed by a dentist’s negligence, you may have the right to file a malpractice claim. One of the most important pieces of evidence in such a claim is your dental records.

Dental records are essential for proving that malpractice occurred and that it caused harm to the patient. These records contain a detailed history of your dental treatments, diagnoses, procedures, and other essential information that can make or break your case. This post will explain why dental records are so important in malpractice claims, what they typically include, and how they can be used to support your case.

Understanding Dental Malpractice

Before we dive into the importance of dental records, it’s essential to understand what dental malpractice is. Dental malpractice occurs when a dentist fails to provide the standard of care that is expected, resulting in injury or harm to the patient. This could involve a variety of situations, including misdiagnosis, incorrect procedures, failure to properly sterilize instruments, or improper medication.

For a dental malpractice claim to be successful, you must prove that the dentist’s actions deviated from the accepted standard of care and directly caused your injury or harm. Dental records play a key role in this process because they document the treatment you received and provide a timeline for your case.

What Are Dental Records?

Dental records are a comprehensive set of documents that track all aspects of your dental care. These records are maintained by your dentist and include details about your dental history, diagnoses, treatments, procedures, and other relevant information. In Pennsylvania, dental records are legally required to be kept by a dentist for a minimum of seven years after the last date of treatment.

Dental records may include:

Personal information: Name, contact details, medical history, and other identifying information.
Medical history: Information about any pre-existing conditions that may affect dental care, such as allergies, medications, and past surgeries.
Diagnostic information: X-rays, photographs, and results from dental examinations and tests.
Treatment history: Details about the treatments, procedures, and medications you have received, including fillings, root canals, extractions, crowns, and more.
Progress notes: Notes from your dentist regarding each visit, what was discussed, and the course of treatment recommended.
Treatment plans: Outlines of recommended treatments and procedures based on your dental needs.
Correspondence: Any communication between you and your dentist, including appointment reminders, instructions, and referrals to specialists.

These records are critical for assessing the quality of care you received and can provide the documentation needed to show whether negligence occurred.

How Records Support Claims

Dental records are often the most important evidence in a dental malpractice case. Here’s how they can be used to support your claim:

Establishing the Standard of Care

To prove that dental malpractice occurred, you must show that the dentist’s actions fell below the standard of care. The standard of care refers to the level of competence and skill that a dentist is expected to demonstrate in treating a patient. Dental records document the treatment you received, including any procedures that were performed, how they were done, and what the expected outcomes were.

For example, if you had a root canal performed and the dentist failed to properly seal the tooth, leading to infection or further complications, the records can show what was done and whether it was performed correctly. Expert testimony from another dentist can then be used to explain whether the actions taken met the accepted standards in the field.

Proving Causation

In a dental malpractice case, you must also prove that the dentist’s negligence directly caused your injury. This is known as causation. Dental records can help establish a clear link between the dentist’s actions and your harm.

For example, if you developed an infection after a dental procedure, the records can show when the procedure was performed, what steps were taken during the procedure, and whether proper aftercare was given. If the infection could have been avoided with correct treatment, the records could help demonstrate that the dentist’s actions caused your harm.

Documenting Injuries and Damages

Dental records are also crucial for documenting the extent of your injuries and the damages you’ve suffered. These records contain detailed information about your condition before, during, and after the dental procedures in question.

For example, if a dentist made an error during an extraction that caused damage to your jawbone, the records can show how the injury was identified and treated. They can also provide information about the pain, discomfort, and complications you experienced as a result of the injury. This documentation can help establish the physical and emotional toll of the malpractice, which is essential when calculating damages.

Providing a Timeline of Events

Dental records can help establish a timeline of events, showing when treatments were provided and when complications or symptoms appeared. A clear timeline is crucial in determining whether the dentist’s actions were the direct cause of your injury.

If a dentist made an error during a procedure and you did not experience symptoms immediately, the records can show the progression of the injury over time. This can help demonstrate that the injury occurred due to negligence and was not the result of other factors.

Defending Against Allegations of Malpractice

Dental records can also be used to defend against allegations of malpractice. In some cases, the dentist may argue that their actions were appropriate and that the injury was not the result of negligence. However, dental records can provide objective evidence to refute these claims.

For example, if a patient claims that a dentist did not properly explain the risks of a procedure, the dentist’s records may include detailed notes showing that informed consent was obtained and that the risks were clearly explained. In this way, the records can help protect the dentist from wrongful malpractice claims.

What Happens if Dental Records Are Missing or Incomplete?

In some cases, dental records may be incomplete, altered, or even missing. If you are pursuing a malpractice claim and your dentist’s records are insufficient or not available, it can complicate your case. However, this does not necessarily mean that you cannot proceed with your claim.

In Pennsylvania, there are legal procedures for obtaining dental records, and if a dentist fails to provide them, they may face legal consequences. Additionally, your attorney may be able to seek other forms of evidence, such as testimony from other medical professionals or expert witnesses, to help support your claim.

If your dental records are incomplete or unclear, it may still be possible to build a strong case using other evidence, such as photographs, video recordings, or witness testimony.

Pottstown Dental Malpractice Attorney – Protecting Your Dental Health

Your dental records can provide a clear picture of what went wrong during your treatment and help you seek the compensation you deserve for medical costs, pain and suffering, and other damages. If you believe you have been the victim of dental malpractice, don’t hesitate to seek legal advice and begin the process of reviewing your records and building your case. Kingbird Legal’s Pottstown dental malpractice attorney will work to hold negligent dentists accountable and secure the compensation you need for your recovery. Call 484-289-4880 today for a free consultation, and let us help you navigate your legal options.