While traditional doctors are more often sued for malpractice, dentists can be negligent in their standards of care and can be sued just the same. Here are a few examples of when you should seek the advice of a dental malpractice attorney.
1. The dentist did not refer you to a specialist even though you needed to go.
In some situations, a dentist is faced with a decision as to whether or not they refer you to a specialist for extended care that they may not be equipped to handle on their own. If the dentist does not refer you to a specialist and you sustain injuries due to this fact, you should speak to a dental malpractice attorney.
2. The dentist did not ask your consent before performing a procedure.
Whether it is something as simple as filling a cavity or something as complex as placing a dental implant, you, as the patient, must make an informed decision about your care before it happens. If the opportunity to make the informed decision about your care is taken away, you should speak to a dental negligence attorney. For example, if a dentist placed a cap over a tooth without your consent, you may have a legal right to file a lawsuit.
3. The dentist did not diagnose an obvious oral health condition.
Oral cancer, temporomandibular disorders (TMJ), infection—there are many concerning oral health conditions that should be promptly diagnosed and treated to prevent ongoing problems or further risks to your health. While oversight is more possible with some conditions than others, some situations involving oversight can lead to a lawsuit for dental malpractice. For instance, if you were visiting a dentist for abrasions in your mouth that were later diagnosed as cancer and that cancer had spread because the initial treatment provider did not look close enough, you may have a reason to file a lawsuit.
4. The dentist allowed someone to perform work who was not qualified to do so.
In some cases, it is not that the dentist performed treatment wrong, it is they allowed someone else to treat you wrong. Most of the time, this scenario comes up when a dentist allows some other staff member to perform work on your mouth that they are not qualified to do. For example, the dentist should be the only professional in the office that is allowed to pull a tooth, so if they allow a hygienist to do the work, they could be sued for malpractice.
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