Dental malpractice, or dental negligence, can be described as avoidable damage caused by a dentist who fails to get the proper care. Any case where a dentist has made poorly, negligently or inappropriately which ends in avoidable harm being caused to a patient can lead to a dental negligence compensation claim.
Different Types of Dental Claims
Injury. Dental malpractice, or dental negligence, may mean harm to the patient, whether through poorly implemented procedures, incompetence, or failure to diagnose. This may include severing a tissue, extracting the wrong tooth or failing to diagnose decay resulting in additional problems.
Serious injury. Grave harm to a patient can be a feature of dental malpractice with some patients undergoing life-changing injuries. A dentist may cause a serious infection due to unsafe practices, leave to diagnose a case of oral cancer, or improperly use dental tools appearing in permanent injury. These examples could all qualify as dental malpractice.
Informed consent. Every dentist is responsible for informing theirs of any of the risks involved with the medication or proposed treatments as well as any side effects and dangers health. If a patient is used and not performed fully aware of these risks beforehand and something goes wrong, you could have grounds for a compensation claim.
Cause of Dental Negligence Claims
It is a legal claim that a dentist receives consent from their patient before handling any treatment. Many patients acquire whatever treatment the dentist provides with very little question or judgment. Some dentists assume that patients are content to admit whatever treatment the dentist requires to carry out as the ‘dentist knows best’, and some patients do prefer this until the treatment goes wrong that is.
Valid consent is obtained if a dentist ensures that:
- The patient has been given with necessary information (knowledge) about the proposed treatment, the risks associated and the alternative treatments
- The consent has been received voluntarily
Information A Patient’s Need to Know
- The patient has the ability (ability to understand) the nature, purpose, and effects of the recommended.
- The nature and scope of the proposed treatment
- The dangers and interests of that treatment
- The alternative treatment options with their risks/benefits
- The charges associated with each treatment option
- The possible consequences if no treatment is provided.
Dental Consent Claims
Depending on the situation, the patient may be allowed to make a case if their dentist didn’t get their consent for the dental plan. A permission case can be developed over a number of dental visits and time periods, but the dentist needs to ensure that their patients are fully aware of what their treatment requires at all times. A patient will be capable to make a claim if they have been given the wrong advice by a dentist, probably ending up in injury. Additionally, if a patient hasn’t been addressed the full benefits of what treatment is available, this could have grounds for dental negligence claims.
Gum Diseases Dental Negligence Claims. Luckily, gum disease can usually be treated effectively if it is caught in its first stages, but if the dentist fails to recognize the signs, it can lead to severe injury. If a patient has had regular or recent check-ups and they have still developed these symptoms, the dentist may have failed to discern the signs of periodontitis. This could be considered dental negligence.