The types of dental malpractice cases are almost as varied as the types of dental procedures that you can have performed on yourself. Each type of procedure comes with its risks and its own set of problems that can arise, especially if the dentist does something wrong during the procedure. Here are some of the most common procedures, along with examples of what could constitute dental malpractice cases. Our Florida dental malpractice lawyers can handle your case.
Broken Instrument or Broken File
Sometimes, during a procedure such as a root canal, an instrument such as an endodontic file will break off, and it has the potential to lodge itself inside the tooth or root. If this happens, the dentist may have to refer the patient to an oral surgeon to remove the piece, causing an additional bill for the patient. This may be an example of dental malpractice and could lead to payment for medical bills.
Broken Jaw
One of the possible complications of oral surgery, particularly wisdom teeth extraction, is a jaw fracture. This should be explained and detailed in the pre-op consultation, and the patient should sign a consent form at the time of surgery. If the dentist fails to do this, or if negligence is involved that leads to a broken jaw, dental malpractice may be an issue and could be litigated.
Broken Tooth
Another issue that has occurred in several cases is a broken or chipped tooth. In this instance, the dentist may have been repairing or extracting one tooth only to make a mistake or slip, causing damage to a neighboring tooth.
Extraction
A very common procedure that has the potential for injury and a case for dental malpractice is with extractions. This procedure can lead to the issue named above with fractured jaws as well as sinus perforation, infections and bleeding. In severe instances, death can even occur.
Filling
Probably the most common dental malpractice procedure is getting a filling to repair a cavity. Even these can go wrong, and if the problem is a result of negligence, then the patient may have a chance to file a dental malpractice lawsuit. The most common problems with fillings include drilling too deep into the tooth than is necessary and drilling into the tooth’s nerve, causing permanent damage.
HIV and Hepatitis
In the past two years, there have been two cases, one in Oklahoma and one in Australia, leaving 18,000 patients exposed to HIV and hepatitis. This comes from a lack of proper sterilization techniques that can lead to serious and potentially fatal infections.
Root Canal
Another issue that can come from root canals is permanent nerve damage. This is particularly an issue in the lip and chin. Such nerve damage can cause paralysis and constant, nagging pain or numbness.
Crowns and Veneers
Crowns and veneers are casings that are placed over the teeth to cover up issues such as irregular-sized or discolored teeth. Issues that can arise from this include improper bonding of the veneer to the teeth. Another issue is when a dentist puts veneers on that are the wrong color to match the other teeth. This can leave a very unnatural and garish look to a patient’s mouth and smile.
Wisdom Teeth
If you have a wisdom tooth extracted, there can be several complications. These include nerve damage, loss of taste, and uncontrolled bleeding. Dentists are required to provide a patient with a list of potential issues that could arise, including these and others. If a dentist fails to do so, or if the issue occurs as a result of negligence on his part, then you may have a case for dental malpractice.
Wrong Tooth
One of the most disturbing types of malpractice stories to come out in recent years is stories of surgeons performing operations on the wrong patient or the wrong body part, such as amputations on healthy limbs. This has also occurred in dental cases. Patients have gone in for tooth extraction, only to have the wrong tooth pulled. Others have had painful procedures, such as root canals performed on the wrong tooth, only to have to repeat the procedure on the correct tooth, enduring twice the pain and discomfort.
Nerve Damage
As has already been mentioned, nerve damage is a very real potential complication from several dental procedures, such as tooth extractions and root canals. In some cases, the chin or lip can be permanently damaged, causing issues such as paralysis, numbness (also called dental paresthesia) and tingling, pain, or loss of taste.
Braces
Braces are very common (and very expensive) dental appliances, particularly for children. Unfortunately, some dentists will recommend braces when they are not truly necessary, preying on a parent’s fear of their child not having perfect teeth. Other dentists will intentionally keep a patient in braces for longer than is necessary. This ultimately comes down to one motivation, money. The longer the dentist has a patient in braces, the more opportunities they have to charge for checkups and maintenance on the braces.
Orthodontic Treatment
Another popular orthodontic treatment that is being used in place of braces is Invisalign. However, this has only been approved for certain types of conditions. If an orthodontist improperly prescribes Invisalign, it can result in damage to a patient’s mouth, which is negligence.
Dentures
For many older individuals, dentures are a basic part of life. They have lost all or part of their teeth and need a set of properly fitted dentures to allow them to eat and enjoy their lives. However, if a dentist does not fashion a set of dentures that fit properly, a patient can have serious problems with eating, not to mention appearance issues. When you get dentures, you are buying a product that must perform as needed. If they do not, you may be entitled to new dentures at no additional cost to you.
Periodontal Disease
One of the top reasons for patients filing dental malpractice suits is a failure to properly diagnose periodontal disease. Failure to diagnose can cause the condition to become worse, meaning that the patient will have to pay much more for treatment at a later date.
Dental Perforation
Dental perforation can be a very serious issue. If a dentist does not properly diagnose a potential perforation, then something such as a bur or tooth fragment can perforate the patient’s sinuses. This can create an infection that can potentially lead to hospitalization for treatment or even death.
