Every dentist owes their patients a duty of care. A dentist commits dental malpractice when he or she violates that duty of care by failing to provide the highest standard of care.
Informed Consent in Dental Treatment
Informed consent refers to consent that is provided by patients who are undergoing treatment. Patients have the right to be fully informed of the risks that are associated with a procedure. This consent must be in writing and signed by the patient before any anesthesia or sedation occurs. Also, a dentist must determine if a patient fully comprehended the information that was conveyed and whether the patient voluntarily gave his or her consent.
Types of Dental Malpractice
Some of the most common ways in which patients are impacted by dental malpractice include the following:
- Causing lingual nerve damage while removing molars or wisdom teeth
- Causing nerve damage by improperly placing dental implants
- Failure to detect a cancer, oral disease, or tumor
- Failure to inform patients of all available treatment options
- Failure to perform a complete and thorough oral examination
- Failure to refer a patient to a specialist
- Faulty crowns, dental bridges, implants, and root canals
- Improperly using drugs to numb the mouth and teeth
- Injuring the jaw bone, oral cavity, or surrounding area
- Not properly administering antibiotics prior to dental surgical procedures
- Pulling the wrong teeth
- Puncturing the sinus cavity during a dental procedure
- Severing a person’s lingual nerves while removing their teeth
Common Injuries due to Dental Malpractice
Some of the most common injuries faced by patients when dental malpractice occurs include the following:
- Molar and Wisdom Tooth extraction injury
- Root canal injury
- Broken/Fractured Jaw/Mandible
- Trigeminal neuralgia
- Facial and oral nerve damage
- Damaged alveolar nerve
- Damaged lingual nerve
- Broken/Fractured teeth
- Extraction of wrong tooth
- Infections and abscesses after surgery or treatment
- Injuries caused by anesthesia or other medications
- Injuries caused by broken or faulty instruments
- Sinus perforation
- Permanent damage to the nerves in chin, jaws, lips, or tongue
- Permanent injuries to the tongue
- Permanent loss of feeling or taste
- Temporomandibular disorders
- Uncontrolled bleeds
- Dental implant surgical error
- Poor Crown and Bridge repairs
These injuries often result in patients facing large bills including medical expenses, emotional damages, lost wages, and various other costs.
The Standard of Care in Malpractice Cases
During a trial, a person can establish the standard of care for dentists in the industry by providing evidence of what other dentists would have done in similar circumstances. The patient then shows how the dentist or dental provider failed to meet the established standard.
Speak with a Dental Malpractice Attorney Today
When medical malpractice occurs, it is important to remember that you can obtain compensation for resulting damages. If you need assistance with your medical malpractice, do not hesitate to contact an attorney at the Law Offices of Gerald J. Noonan today for assistance. From start to finish, we will remain committed to obtaining the compensation you deserve.
We offer a free, no-obligation legal consultation to help you understand your rights and the value of your case.
Our medical malpractice trial lawyers assist clients throughout all of Massachusetts including, but not limited to, those in the following counties, cities and towns: Plymouth County, Brockton, Plymouth, Bridgewater, Marshfield, Hingham, Duxbury, Wareham, Abington, Rockland, Whitman, Hanson, Holbrook, Middleborough; Norfolk County including Quincy, Stoughton, Dedham, Weymouth, Braintree, Avon, Holbrook, Randolph, Canton, Sharon, Brookline, Franklin; Bristol County including New Bedford, Fall River, Taunton, Attleboro, Westport, Dartmouth, Mansfield, Easton, Raynham, Lakeville, Norton; Cape Cod, Hyannis, Falmouth, Barnstable and the Greater Boston area including Cambridge, Somerville, Medford, Everett, Lawrence, Lynn, Revere, Dorchester, Roxbury.
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