Introduction to Dental Malpractice

Dental malpractice is medical malpractice for an injury due to negligent dental work or failure to notice or diagnose possible precarious oral conditions. If a dentist fails to meet the standards of care accepted by the profession, either purposely or due to incompetence, he may be subject to dental malpractice liability.

Dentists, like other physicians, must gain consent before performing any work on their patients, as dental patients are entitled to decide what treatment they will receive. Because physicians cannot guarantee results, a dental malpractice claim cannot be brought merely because the treatment was not successful.

Types of Dental Malpractice Injuries

There are many types of dental malpractice injuries, especially because dental work involves areas connected to the facial muscles. Types of dental malpractice injuries include:

• Failure to detect or diagnose periodontal disease
• Failure to detect or diagnose oral cancer
• Delay of treatment
• Lack of informed consent
• Unnecessarily extracted teeth
• Injuries or death resulting from improperly administered anesthesia
• Permanent or temporary nerve damage to tongue, lips, chin or jaw
• Treatment exceeding the scope of patient's consent

Available Damages for Dental Malpractice

Patients who have suffered dental malpractice may want compensation for their injuries. Compensatory damages to correct a problem caused by negligent dental work are usually available, as well as lost wages and damages for pain and suffering. If the dentist is found to have been malevolent in his treatment, punitive damages may also be available.