Dental Malpractice Cases: Should You Consult an Attorney?

Fighting Tooth and Nail

By Bartleby, published Jun 01, 2006
Published Content: 370  Total Views: 3,149,177  Favorited By: 80 CPs
Rating: 2.8 of 5
Hardly anyone enjoys visiting the dentist. Whether it’s a root canal, a crown, or a complicated oral surgery, people associate pain with the experience. Still, they trust their oral health to a licensed dentist because their teeth and gums need attention.

But what happens if something goes wrong while you’re reclined in that chair? Or what if you have dental work done and then experience complications months later? If you suffered significant loss or pain at the hands of a negligent dentist, you should consult an attorney who specializes in dental malpractice cases.

Dental Malpractice Cases: What types of problems can you sue your dentist for?

Most people think of malpractice in terms of what a physician (in this case, a dentist) does to cause harm to a patient. It can include everything from permanently injuring a tongue nerve during a surgery miscue to crafting a defective oral device that causes costly and painful complications. These are both acts on the part of negligent dentists – things they did but should not have. But did you know that a dentist’s failure to do something can also be grounds for a dental malpractice lawsuit? Failing to diagnose oral cancer or other serious problems when they ought to can also land dentists in the courtroom.

Here are just a few examples of dental malpractice cases in which patients took hefty settlements or won large awards at trial:
- Nerve injuries that affected a patient’s ability to taste
- Nerve injuries that caused permanent numbness in the tongue (or even just part of the tongue)
- Complications arising from negligently completed crowns and bridges
- Dentists’ failures to take a patient’s relevant medical history into account before acting
- Failure to detect oral cancer, periodontal disease, or other diseases
- Certain complications from anesthesia, even when releases are signed
- Unnecessary extraction of multiple teeth
- Extraction of wrong teeth (Oh, yes….it happens.)

Dental Malpractice Cases: Should You Consult an Attorney?

Ouch! Though not always as life-threatening as medical malpractice lawsuits, dental claims can sometimes result in large settlements for patients wronged by negligent dentists.

Credit: piotr

Copyright: www.sxc.hu

Takeaways
  • Acts or omissions by a dentist that result in substantial harm can make for malpractice cases.
  • Nerve injuries, bridge failures, and failure to diagnose oral cancer can all be malpractice.
  • Look for an attorney who is also a dentist. They're out there.
Did You Know?
In one Florida case, a woman earned a settlement of $140,000 for a numbed tongue.
Comments
Showing Comments 1 - 15 of 60
Next >>
 
Scott---go get a second opinion, it might be worth it.

Posted on 07/20/2008 at 4:07:10 AM

 
Shannon, You said that your tongue was still numb? I had a tooth pulled in Feb. 2008, and I still have a numb tongue, and had also contacted a lawyer. He said that it was best to wait for six months to see if the feeling would come back. If not I'm to call him in Sept. and we will start a malpratice case. They do this to make sure youre not in the middle of a case and your feeling comes back. I am so sorry for you! It is truely awful. The loss of feeling and taste is a very bad thing, but I really miss kissing my husband. I can do it, but I cannot feel it. To me the dentist stole that precious gift by being in a hurry to go home that evening. Good Luck and a prayer for you and for the others whose lives have been so violated by these "professionals'-------------

Posted on 07/20/2008 at 4:07:33 AM

 
this is a 3 page blog please start 3 down ... I am a 44y/o male .... (writing this 8 years later) fitted for a regular denture. Or spend approx $3000.00 to have a surgery to remove gum and open all the pockets. I guess the questions I should be asking are: # 1) Is this surgery just prolonging, the" Inevitable" of having the implants removed? How long, with good home care, will I have? #2 To take off, all the abutments and leave the implants, as good as removing all the implant? #3 Does it cost as much to take them out before they fail as it did to put them in? #4 Is there any more evidence of implants causing poisoning in the body? Causing tremors? Lung cancer from implant coating? #5 Did I get a defective implant that the implant company and/or dentist should be paying for some this? I have surgery scheduled for July 25, 2008 and hope it's the right course of action Thanks you so much for any and all responses scott

Posted on 07/14/2008 at 5:07:06 PM

 
upon review, at the corner of the x-ray, we saw a ¼ inch of major infection on the upper gum line, resulting in bone and gum surgery to clear the rotting bone and gum around all implants. This was a concern to me, due to the link between gum disease and heart disease! I then was fitted with a removable denture that I could remove and clean the implants and gum line. They preformed Great! And way better then a conventional denture! And worth the $30K I spent. I have developed a "Tremor" when I yawn, my whole body shakes for as long as the yawn takes. (This may not be related but I read this in a Blog) Now in 2008 I have been fighting infections off and on, all the time. My diabetes is considered moderately controlled without insulin. I have cleanings done every 3 months. I water-pick every day, and blast around the implants at full power. Now the same dentist is saying either take out the abutments and let the skin heal around the implants and get fitted for a regular

Posted on 07/14/2008 at 4:07:58 PM

 
I am a 44y/o, overweight male, diabetic, X-smoker, and was told that due to my bone loss and gum disease that I should have my upper teeth removed and have implants put in, to preserve bone lose. On July 1 2000 I had 6 titanium implants put in place of my upper teeth. Seems to me, the implants would flare-up with infection now and then during the time I was healing and wearing a full upper denture waiting for my permanent (implant supported) denture. I had a permanent type denture placed that made cleaning more difficult then I was told. I was doing everything the dentist told me as far as cleaning with floss between the gum and denture I also was in the dentist chair every 3 months, for one full Year, for the cleaning of my lower real teeth. (The upper denture was difficult for my dentist to remove and I guess He felt it did not need to be checked) After one year, my hygienist took routine x-rays of my lower teeth and upon review, at the corner of the x-ray, we saw a ¼

Posted on 07/14/2008 at 4:07:52 PM

 
Is there anyone who knows a good dental malpractice attorney in the area of Staten Island, NY (A NYC borough) or can tell me where I can find one? If so, could you e-mail me at Statenislander8@aol.com? I agreed to have my front six teeth capped as I had many fillings, although the teeth & smile looked fine. So happens the caps (which were unnecessarily bonded) were not put on properly and were put on over decay. Is this malpractice? I need root canals, which I was never told was a possibility, on several teeth and am in constant pain. Now an endodontist is trying to do the root canals by drilling through the caps, and it's costing me a lot more money. The total prices for the caps were over $4,000, and the dentist who did them refused to give me X-ray copies. Now, I'm told it will cost $20,000 with another dentist to repair all the damage done. But I can't seem to find a local dental malpractice attorney. Can anyone out there give me a referral?? Thanks so so much.

Posted on 07/12/2008 at 10:07:57 AM

 
I went to the dentist for tooth pain, a cavity between two teeth. The pain was also felt in my face, on the top half of the sore tooth. The dintist took pictures of the tooth root. He drilled into the tooth and put two caps on the teeth. three months later the face pain returned and had the right side of my face swollen. I returned to a nother dentist for the face pain. after taking new pictures the dentist informed me I needed a root canal. She also asked whyt did the dentist cap these teeth without doing a root canal first. Now I have to re cap the teeth and pay for the root canal that should have been done in the begining.

Posted on 07/07/2008 at 5:07:36 PM

 
Three years ago I went to the dentist to get a little chip on my front tooth fixed after the long-time existing bonding came off. I ended up with both front teeth very ground down and the front surfaces bonded and shortened--this fell off and had to be repaired several times. Now my natural teeth (which were originally in good shape besides the chip) are stubs and I have to worry the bonding may come off at any time. I also had to purchase an expensive and uncomfortable lopsided tooth guard. This bonding doesn't look that good, and I can't even whiten my teeth or bite into fruit. Eventually I will probably need to get caps--of course at my expense. All I wanted and needed was my chip repaired.

Posted on 06/22/2008 at 2:06:17 AM

 
I have had two different fillings at about the same time. Tooth A had to be filled twice, and even now, the filling is slowly deteriorating even now. Tooth B has been filled on THREE separate occasions. Tooth B broke about ten minutes ago. About 25% of the tooth is completely gone. Could this be dentist malpractice?

Posted on 06/20/2008 at 8:06:46 PM

 
"Plus they carry insurance for things like that so it is not like it is really hurting them personally!" Do you really think a frivolous lawsuit is not hurting anyone? What if I was a patient of your fathers or your husband and I came in with this attitude. Yeah they are good doctors, but they are rich so why don't just sue them and get some money. It's not like I am hurting them personally. You can't even imagine how this could ruin your year or even your life. Jen you should be ashamed of yourself. Every lawsuit hurts!

Posted on 05/26/2008 at 8:05:48 AM

 
BTW - any dentist using Sargenti paste for root canals is operating below the standard of care. States such as Ohio, Wisconsin, Florida specifically call it out in their dental practice act. Any problems from a root canal done by a general dentist need to be investigated for Sargenti use. If so, they need reported to the state dental board and then sued for gross negligence. Most won't tell you and leave it up to the patient to figure it out. www.sargentipaste.org http://www.casewatch.org/board/dent/p-y.shtml

Posted on 05/05/2008 at 9:05:07 AM

 
The dentist giving prescriptions to your wife in your name needs to be reported to your state dental board as well as the Drug Enforcement Agency. This is illegal.

Posted on 05/05/2008 at 9:05:01 AM

 
yes how long to do you have to file a complaint??? mine has been 3 years... I had 4 top teeth crowned together... Now my bottom arch has collapsed and its a nightmare now. Not sure what to do. Debora Dunn

Posted on 05/03/2008 at 12:05:26 AM

 
I had a semilar thing happen to me and I am in the process of a lawsuit which my lawyer told me he was so sure I could win a big settlement that he took the case probono. There are so many bad dentists out there just like all other professions but they seem to get away with it b/c people thing it is not a big enough deal to sue. I don't really believe in lawsuits and my dad is a doctor and so is my husband (they are MD's) so I know that people in the medical/dental profession can make mistakes I believe it becomes malpractice when they don't own up to there mistakes and make things right. So I would tell you to look into it. That is just plain wrong! Plus they carry insurance for things like that so it is not like it is really hurting them personally!

Posted on 04/25/2008 at 9:04:09 PM

 
I had a root canal last wednesday..during the dentist giving me the novacain he noticed it bothered me when a sharp pain went through my tongue. He said sorry about that sometimes the tongue nerves get in the way. I had no idea that the novacain wasn't going to go away normally unitl the next morning when I woke up with the majority of my tongue still numb. I called the dentist office and the receptionist said uught oh and then had to call me back. she called me back to tell be that by tongue could be like this for 3-4 days!! This news had me uncomfortable and then the dentist who wroked on me called me later in the day to tell me that it could be up to 6 months!!!!!!!! It's now Monday and I still have no feeling in my tongue. Everyone I talk to says to consult a lawyer, what should I do?

Posted on 04/21/2008 at 11:04:40 PM

Type in Your Comments Below - (1000 characters left)
Your name:

Submit your own content on this or any topic. Get started »
Showing Comments 1 - 15 of 60
Next >>
Most Commented On