Dental Malpractice: Are Dentists Subject to Medical Malpractice?
You’ve probably heard of medical malpractice lawsuits. Medical malpractice can occur when a medical professional fails to meet the standard of care when treating a patient. And, unfortunately, it happens more often than you might think.
But what about dental malpractice? At Avera & Smith, we have some of the best medical malpractice lawyers in Florida and can offer some insight into whether the same standard of medical care applies to dentists.
What Qualifies as Dental Malpractice?
Dentists and orthodontists can be sued for malpractice if they fail to meet the proper standard of care, just like any other medical professional. Even minor procedures should always be treated with the utmost care by any health professional. Reasons for dental malpractice claims include the following:
- Failure to obtain informed consent for an operation or procedure
- Failure to diagnose a patient with a particular condition
- Failure to refer a patient to a surgeon or specialist
- Mistakes made during a tooth extraction
- Errors made while treating an infection after a procedure
Dentists can even be held liable for failing to provide sufficient supervision to a dental hygienist or assistant who makes a mistake that harms a patient. Whenever you put your health in the hands of trusted medical professionals, they have a duty to follow standard protocol and deliver the appropriate quality of care.
How Do Courts Determine if Dental Malpractice Has Occurred?
Every medical malpractice case is different, and the same goes for every dental malpractice case. However, there are four general boxes that an attorney must check to bring a successful dental malpractice suit against a dentist. An injured patient or their attorney must:
- Establish the existence of a dentist-patient relationship. This fact is rarely disputed and fairly easy to determine.
- Gauge the appropriate medical standard of care under the circumstances. The court must evaluate whether the care provided was up to the standard of a similarly skilled dentist in the community performing the same procedure or task. This element may be established by an expert—a qualified medical witness. Typically, this witness is retained by the patient’s attorney.
- Determine how the standard of care was breached. The patient or their attorney has to establish that there was not only a breach but also that the breach was what caused harm to the patient.
- Assess the nature and severity of the injury. Lastly, the patient and their legal team must consider the extent of the injury. The nature and extent of the injury will determine potential compensation owed for future medical bills, pain and suffering and other damages.
Both dental and medical malpractice cases can be complicated. That’s why we always recommend consulting an attorney as soon as you think an incident has occurred. An attorney can help you navigate the complex legal system and give you advice for how to move forward.
Dental Malpractice Law Firms in Gainesville, FL
At Avera & Smith, we have your back. If you or someone you know has experienced dental malpractice or medical malpractice, don’t hesitate to give us a call at 1-800-654-4659. Our medical malpractice lawyers in Florida have a proven track record of successful trial verdicts and malpractice settlements for our clients. Get your free consultation today.