The effects of dental malpracticeWhile many people have a fear of going to the dentist, it should be an overall safe experience. But what happens when a dental visit turns into trauma due to a dentist’s negligence?

All dental professionals are obligated to provide proper care, which often includes evaluation, diagnosis, and treatment of dental conditions – every one of those aspects following best practices. However, in some cases, a dentist may fail to do what’s right or what any other dental provider would expect to be the proper steps. Situations like that can lead to serious injury for the patient. 

Dental malpractice actually falls under the umbrella of medical malpractice. If a dentist’s negligence has injured you, contact a legal professional right away. 

Types of Dental Malpractice

Dental malpractice can take on many forms, each dependent on actions the dentist took or failed to take. 

How a Dentist Can Commit Malpractice

  • Failure to diagnose. A misdiagnosis is not uncommon. But if the dentist did not take steps that other dentists would take to properly diagnose the condition and missed what was really happening, those actions could lead to malpractice.
     
  • Failure to use the correct instruments. If a dentist does not use the proper equipment or doesn’t use dental instruments correctly, a patient can be severely injured.
     
  • Improper use of anesthesia. Proper use of anesthesia requires following precise guidelines. Deviation from those guidelines could be seen as malpractice in some situations.
     
  • Failure to treat complications. If the dental care provided did not yield the desired result and complications arose, those complications must then be treated. If not, that could indicate malpractice.
     
  • Unsanitary conditions. Infection risks are higher when there are unsanitary practices within the dental office. These can lead to numerous health complications.
     
  • Unnecessary treatment. A dental practitioner who provides procedures or treatments deemed unnecessary could also be guilty of malpractice if you can show that to be the case. 

Other types of complications may include failure to refer a patient to a specialist for more advanced care, using the wrong medications to treat a patient, or even failing to take into account the patient’s medical history.

Effects of Dental Malpractice Injuries

Injuries from a dental malpractice case can be numerous. In some situations, intense pain or trauma could arise. But in severe cases, the patient could loss function in their mouth or jaw. Injuries are nearly always related to the type of procedures you’ve had. 

How a Dentist’s Negligence Can Hurt a Patient

  • Infections that lead to tissue loss
  • Nerve damage 
  • Tooth trauma 
  • Illness brought on from failure to detect disease 
  • Damage to the teeth or jaw 
  • Damage to the tongue

If you are unsure if the injuries you have relate to dental care you’ve received, ask a medical malpractice attorney for guidance. 

How to Prove a Dental Malpractice Case

The key to receiving compensation for the losses you’ve s.uffered starts with understanding how to prove malpractice occurred. To prove dental malpractice in Texas, four factors must be proven.

What Constitutes Dental Malpractice in Texas

  • There was duty of care The dentist must have accepted the individual as a patient. If that is the case, the dentist is obligated to provide a reasonable standard of care.
     
  • There was a breach in the duty of care. The second component is proving that the dentist breached the duty of care somehow, or failing to provide the expected type or level of care. It’s important to show that another dentist, given the same conditions, would take a different path in providing treatment.
     
  • Negligent care caused the injury. It’s essential to show that the negligent care provided by the dentist lead directly to the injury. That is, it is necessary to show that there wasn’t a preexisting condition or something else that caused the injury.
     
  • The injury caused damages. Injuries alone don’t always lead to compensation. Rather, the patient must have suffered a substantial loss because of the injury.

The key here is to prove that there is a link between the care provided by the dentist and the losses suffered, showing that the dentist did not provide care that other dentists would have utilized. 

This type of malpractice is often difficult to prove. As a result, it is nearly always best to work closely with an experienced attorney in Texas who can guide you in proving your case.

Potential Damages You May Recover in a Successful Dental Malpractice Case

Compensation for your losses may be possible in a successful dental malpractice case. Examples include medical bills resulting from the complications of the procedure, rehabilitation costs, costs related to medications for the care of the injury, lost time at work, lost benefits, and pain and suffering. But, if you want to increase the chances of a successful claim, you’ll need the help of an attorney to make sure everything goes smoothly.

How Button Law Can Help Your Dental Malpractice Case

No matter how severe, dental malpractice is something that you do not have to face on your own. If you think you have suffered from a dentist’s negligence, it’s worth speaking to an attorney immediately about what occurred. With a free consultation, you can learn if you have a case and, if so, what steps you need to take to prove it.

Our team is available to discuss your case with you. Schedule an appointment and we will discuss your evidence, expert testimony we may be able to obtain, possible damages that can be recovered, and other resources that can help you receive fair compensation after your losses. 

The Button Law Firm can provide you with guidance and support. We know how difficult getting through this can be. That’s why our experienced team wants to help guide you – as we have helped guide many of our clients within MidlandHoustonDallas, and the surrounding areas. You can give us a call at (214) 699-4409 or email us at [email protected] You can contact us online to schedule a free consultation by filling out the form below or by chatting with a member of our team. 

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Russell Button
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