|  | Dental Health | Dental Procedures

Dental Malpractice Laws

Patients who have received damages from procedures carried out by their dentists can sue for dental malpractice. However, these lawsuits are rare because many patients are not aware of this area of law. Dentists have specific medical standards that they are required to follow and unsuccessfully following these standards can leave the dentist liable for compensation. Compensation is also given for lost wages and for pain and suffering. Dentists who demonstrate malevolence may also have to pay punitive damages.

  1. Malpractice

    • Dental malpractice laws vary from state to state. States usually provide compensation for damages caused by negligence, not identifying and treating a serious medical condition and blatant malicious dental practices. The act performed by the dentist must be an act that would not be performed under standard dental practices. Dentists can also be liable for performing treatments that they have not been given permission to perform by the patient.

    Mouth Damage

    • Dentists are often liable for incorrectly performed treatments that lead to damage in the nerves found in the mouth area. A permanent loss of taste sensation can also make the dentist liable. Any permanent structural disorders in the mouth can leave the dentist paying damages, such as the TMJ disorder. Patients can also sue for teeth that are unnecessarily pulled.

    Medical History

    • Some patients have a medical history which makes some kinds of surgery inappropriate or makes certain medications and anesthetics dangerous to use. Dentists who do not take these medical conditions into account can be liable for damages. Dentists are also expected to monitor conditions that patients have a history of in order to provide consistent advice and in order to provide treatments when necessary.

    Molestation

    • Some dentists have been found to molest patients while under anesthetics. Patients who are molested can usually sue for damages as a result of emotional suffering and the dentist may have criminal charges brought against him. In order to avoid cases of molestation, dentists should never be allowed alone in the room with the patient while the patient is under an anesthesia.

    Death

    • Wrongful death suits can be brought to court when a patient dies from a surgical procedures or from an improper use of anesthesia. Dentists who demonstrate a certain level of negligence while performing surgery or administering anesthetics can be susceptible to legal action.

    Safe Practices

    • Correctly performed medical procedures that go awry for whatever reason usually do not make dentists liable for damages. Dentists are also not liable for medical procedures that did not work if these procedures were performed correctly.

Dental Procedures - Related Articles