A study of 242 Negligence Cases in dentistry

242 medical law cases over twelve years were assessed for dental malpractice.   Most of the cases evaluated existed on the basis of patients who claimed malpractice.

For patients, the below may provide validation and concern regarding problems before, during, and after treatment by a professional.  This particular study did not assess the merit of legal standing; however, should provide insight into the common errors and issues faced during treatment.

Regarding extraction:

Table 1: Results of dental extraction failure

  • 23 cases of infections resulting in hospitalization among which 8 cases recorded fatalities
  • 14 cases of broken mandible
  • 8 cases of disconnected lingual nerve
  • 2 cases of severed inferior alveolar nerve
  • 7 cases of sinus perforation
  • 4 cases of TMJ injuries
  • 5 cases of removal of incorrect teeth

Total number of cases recorded: 63

23 victims affected by the infection were hospitalized; out of which 8 patients expired due to the infection. In the cases related to sinus perforation, the dental practitioner neither diagnosed nor suggested the perforation treatment to the patient.

Improper diagnosis and wrong treatment leads to mandibular rupture and TMJ damage. In alleged negligence cases, around 50 defendants were general dentists; 12 defendants were oral practitioners.

Regarding root canals:

Table 2: Problems associated with Endodontic procedures:

  • Cases of hospitalization because of infection including 4 fatalities – 22
  • Instruments spoilt during treatment: 9
  • Because of Nerve injury: 3
  • Some other damages: 3
  • Air embolisms cases: 2
  • Sinus perforation: 2

Some cases involved surgical tools left in canals, nerve and sinus perforations, as well as air embolisms, or life threatening infections.  In the serious case of infections, there were 7 which were because of brain abscesses. One was because of osteomyelitis. Out of these, 4 cases were of fatalities and remaining 4 got affected of brain damage.

Total number of cases in Endodontic procedures: 41

Regarding dental implants:

Table 3: Problems in dental implant measures:

  • Postoperative illness – 1
  • Unreasonable implants – 9
  • Implant loss cases – 6
  • Fracture in jaw – 1
  • Implants placed in nerves – 8

Total cases in dental implant surgery: 25

Dental implant surgery is the third and most common source of alleged negligence.

It was found that in the dental implant surgery, around 2 to 10 implants were gradually lost.

Regarding crowns and bridges:

Table 4: Difficulties faced because of Crown and Bridge cure

Total number of cases: 20

These complications are more difficult to categorize.  Generally, these treatments included complaints of overhanging, open margins, restorations, and deprived occlusion. Full mouth reconstructions were the main difficulty in this case. General dentists were the defendants.

Regarding braces and orthodontia:

Table 5: Problems in Orthodontic Treatment

  • TMJ injury – 4
  • Root resorption- 14

Total cases in Orthodontic Treatment: 18

Failure to detect or cure periodontal disease was the fifth and most common alleged carelessness in dental actions. There were eighteen cases under this category, and defendants were general dentists. Mainly, these included cases in which x-rays were not done regularly, and periodontal probing was rare or not recorded.

Another common source of alleged negligence pertains administration of anesthesia, which supports the striking number of deaths during extractions.  There were twelve claims and eight patient fatalities.

Some dental negligence includes nerve damage because of dental injections.  Many of these patients suffered damage to the lingual nerve, and lower alveolar nerve. Other more specific instances of negligence under this category related to drug interactions.

Miscellaneous dental malpractice injuries: 

  1.  2 complicated drill injuries
  2. 1 undisclosed x-tip fracture
  3. Benadryl put inside inferior alveolar nerve
  4. 1 undiagnosed needle fracture
  5. Lidocaine put into the eye
  6. These cases led to damages to the patients.

Conclusions for patients:

With respect to oral surgeries in this case study, all of the general dentists were sued due to alleged negligence due to complications with extractions.  A dentist can easily misjudge the difficulty of an extraction and cause a patient to suffer long term complications and future visits with a specialist.  Against general dentists, the second highest malpractice claims pertain to Endodontic treatment.

Regarding implant surgery, treatment preparation or poor assessment of the patient led to claims.  Many of the orthodontic claims were results of root resorption, which affects the health and quality of roots; a doctor must x-ray often to ensure this does not become a complication.

Pain and suffering resulting from the complications in this study can last a lifetime.  If you suspect you have been a victim of dental malpractice and/or negligence, contact our office to schedule a consultation to speak with an attorney



Dental Malpractice Lawyer

 A dental malpractice lawyer can tell if you have case

A dental malpractice lawyer is needed when a practitioner of a skilled profession makes mistakes.  Malpractice or negligence can exist across various professional fields.  A practitioner is held to the highest standards and can be liable for not providing the proper care.  Malpractice refers to the failure to meet a standard of care, or the misconduct by a professional person, such as a doctor, or dentist.  Other professionals such as lawyers or accountants are held to these standards. 

Malpractice by a medical professional, such as doctor or dentist, can cause a lifetime of pain and suffering; or in some cases, even death.   A dental malpractice lawyer can determine how to assist the victims or their families, and make them eligible for maximum compensation depending on the case.

Hiring a dental malpractice lawyer is the best solution to those who have been affected by malpractice.  Initiating a claim and moving it to suit can take months and requires thorough knowledge of the legal system.  The proper paperwork and communication with opposing counsel, insurance companies, and obtaining records can be overwhelming or nearly impossible for the layperson to manage.

Common dental malpractice claims relate to complications with extractions, root canals, implants, and much more.  

Hiring the right dental malpractice lawyer to assess your case is the most important decision you can make. You may be eligible to receive compensation for your injury and/or receive the proper treatment.  Do not continue to lose money and risk further health consequences – contact our office to speak with a professional about your possible malpractice/negligence case.

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Dental Malpractice LawEvery legal proceeding has a statute of limitations for the case. Whenever you are filing any lawsuit, one of the most important factors to consider is the statute of limitations. This is applicable for all who wants to sue a case against malpractice. Everyone has to file a case within an appropriate period to let the judge hear your case and your complaints. If your legal proceedings submitted are late and neglect any statute of limitations, the court will not consider your case. For instance, the court does not allow suing a person against breach of contract after 20 years when the time limit was of six years. You have to submit the case according to the limitation of period.

According to law proceedings, file your medical malpractice case within two years from the date of injury or loss first experienced. You are required to initiate the legal process within three years from the date of the misconduct. If you have discovered being a victim of medical malpractice, it is advisable to submit or commence the case within three years from the date when irregularity happened. However, more than three years can be allowed to a person if he or she was incapable of identifying the injury and associated irregularities.

Criminal cases, such as robbery, murder and illegal activities have a longer limitation period as opposed to civil cases like medical malpractice where the statute of limitation is up to six years. The limit of three years is allowed to let the victim argue against the doctor’s negligence as shown during the treatment.

In many states, statue of limitations to file a case against medical error is below six years. The average time limit allowed is two years but it can extend depending on the circumstances.

Certain situations are there that may have an effect on your act of filing a case:

  • Foreign substance
  • Age of the sufferer
  • Uninterrupted treatment
  • Deceit
  • Date of identifying medical error

Time limit gets extend, if the treatment is running under a long process and falsified acts have been determined in malpractice. A victim also gets more time to sue a medical professional if he or she is a minor.

Whenever you are going to proceed for lawsuits, make sure to hire a specialized medical malpractice attorney. The issue is related to your health and you have complete right to seek compensation for your personal injury through appropriate legal proceedings.

Medical malpractice attorney provides legal assistance to get the reimbursement you deserve. The lawyers work on a contingency fee arrangement where your prosecutor is paid after the victim gets the claim payment. Since every case has a statue of limitation, so it is necessary to act on time. Contact a medical malpractice lawyers and know about the time limit allowed by the state for your medical error case. As soon as you identify about sustaining an injury that makes the medical professional liable to a claim, get assistance of the specialized attorney.

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    Dental Malpractice CostsMedical malpractice is a negligence act by a medical professional due to improper care resulting in injury or death of the patient. Usually it happens due to the failure of medical attention. Medical malpractice is often quoted as a major cause of increasing health concern costs.

    A recent survey proved that malpractice costs represent only a division of total health spending. Surgeons order the most defensive medicine expenses, so they can defend themselves against court case.

    It is crucial to review the bill properly to get aware of these measures. Many of us are not aware that ten cents of each dollar paid for health treatment goes to the insurance company against medical negligence. This is a price tag, which medical practitioners bear to defend themselves during the incident when a victim files a case against the practitioner.

    A new research surfaced that the cost of medical malpractice in United States goes beyond $55.6 billion every year, which is above 2% for yearly health treatment spending. This calculation includes around $45.6 billion spent on the defensive medicine by the medical doctor on recommending unnecessary tests or treatment to shun law cases. Defensive medicine leads to not only health system incompetence but has also become a major reason in not preventing preventable medical blunder and patients’ wrong.

    In United States, medical misconduct is the third most reason of death after cancer and heart disease. Separating defensive medical cost, a physician has to bear a higher financial expense. When a doctor faces a lawsuit, it can prove to be financially expensive forcing the practitioner to stop the practice or declare bankrupt.

    The medical malpractice cost covers different areas of medical liability system mainly counting payments received by the applicant for medical negligence, defensive medicine cost, legal and administrative expenses and costs of time loss for clinical routine.

    On a good note, the medical malpractice attorney is negotiable. In medical malpractice, many lawyers take the case based on contingency that means the legal diplomat keeps a proportion of the settlement on winning the case that usually varies from 20 to 40%. Many states have defined the percentage allowed on emergency medical malpractice. The majority of states use a sliding scale based on the cost of the settlement or trial.

    For example: the payments are accepted up to 33 1/3 % for the initial $300,000, after that 25% for $300,000, and the percentage amount continues to fall as the cost of recovery increases.

    Medical malpractice cases are considered an expensive and challenging affair making the attorney to be selective to represent any case. Never feel disappointed on the refusal of the case by a prosecutor.

    In medical malpractice, when it is about legal proceedings or lawsuits, one should be patient and attentive. This process can take long and be difficult. During the proceeding, you have to prepare yourself to be answerable to personal question in response to depositions and interrogatories. You are required to spend good time with the lawyer you hired for your case. Sometimes, a good number of the cases are settled quickly, but some take months or years for the final settlement of the case.

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      Dental MalpracticeDental malpractice takes place on the grounds of negligence by the dental care professional during either the treatment of a patient or when the dental expert is not capable to identify health related problems.

      Such misconduct shows unethical behavior on the part of the dental surgeon making him or her liable to face a legal claim. The victim has the complete right to claim on experiencing temporary or permanent loss due to dentist’s carelessness.

      Here are few situations highlighted, which are liable to claim:

      • Dentist’s inability to identify periodontal disease
      • Patient’s death due to anesthesia
      • Nerves injury in the jaw, tongue or lips
      • Incorrect bridge and crown prostheses
      • Infection due to the dental instruments

      Have you known anyone in your circle suffering due to inadequate dental care? Many would say “No” to this question. If you go by the official statistics, the United Sates sees only 10,000 people found to be sufferer of dental negligence.

      The figure seems to be small and highlights the quality treatment as provided by dental care professionals, but there is another face to this story. The studies conducted on this subject showed that around 10,000 individuals did not file the case. These individuals did not take the initiative to complain or recover from the losses suffered.

      On exploring, it was found that the main reason was the non-affordability of victims to hire a dental malpractice attorney. While other sufferers are not aware about the legal rights in general and not familiar with the fact that such acts make them seek compensation.

      The serious concern of dental malpractice perturbs to an incident when the dental procedure complications are becoming the reason of the victim’s death. This may occur due to the improper use of anesthesia making the victim suffer dental infection or severe injury. Complications arising out of oral surgery can result in permanent damage to nerve that might extend to jaw area, chin, lower face and lips.

      Improper orthodontic treatment on children or adults is another grave area highlighting the case of dental negligence. During the orthodontic procedure, the pointless teeth removal or inadequacy to provide fair dental solution is the clear case of dental misconduct.

      Of all medical malpractice, the dental misconduct involves short judgments and small. In many cases, dental malpractices are settled out of court between two parties. The studies have shown that those who invest time and efforts in file documentation enjoy favorable outcomes out of the case of dental malpractice.

      If you believe that you have been victimized due to poor dental care, maintain a documentation diary as the events happen. Make timely notes of issues, including injuries resulting out of dental care, present symptoms and preceding treatments for injuries and symptoms faced. Maintaining the record of events in sequence adds to the credibility when you step forward to file a claim against dental malpractice. Seek the assistance of dental malpractice lawyers at the earliest to get a stand of expert for your legal proceedings.

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        Dental Malpractice Case StudiesThe case is concerned with the Plaintiff, Hutt, aged 40. The deceased claims that defendants have used dental malpractice by unethical means to treat osteomylitis as indicated in a Panorex X-ray. Two dentists, an oral surgeon and a practice team did this treatment.

        It was claimed by the plaintiff that delays in treatment declined probability to get rid of this disease. The team of dental professionals or practitioner unresolved the explanation of the plaintiff’s Panorex film and disagree that the treatment was not up to the requirement level and plaintiff was not satisfied with their medical actions .

        In October 2002, when plaintiff first visited, the oral surgeon took a Panorex or complete mouth X-ray expanding from left to right ear. The oral surgeon put a suture in the mouth and removed a molar. The plaintiff went under the six-month treatment, which encircle repairing of cavities and treatment for TMJ.

        The observation of the examination showed that the oral surgeon has gone through the plaintiff’s Panorex film. The plaintiff made a claim stating the x-ray film was dark and thus clear viewing was prohibited. In April 2003, the plaintiff called the general dentist and informs their medical doctor that she was not able to unlock her oral cavity and experiencing harsh jaw pain.

        The plaintiff argues that the interruption in check up and treatment make her condition terrible. She experienced two surgical actions and spend two years on antibiotic examination and hyperbaric oxygen cure. According to her doctors, infection was discovered after more than two years of treatment. A MRI confirms the reappearance of the disease.

        It was showing that, the plaintiff’s jawbone was not normal. The measured width was 1 cm where normal width should be around 2- 2.5 cm. The experts advised that the plaintiff would be compulsory to stay on a supple food for the remaining dental problems.

        It was opined by Oral surgeon that plaintiff’s Panorex from October, 2002 was good and the surgeons made a rational check-up for TMJ. The defence disputed that the she would have got the similar treatment with the same results irrespective of time of diagnose of the disease. The general dentist concluded a private settlement with the claimant before bringing his expert, so the judge heard neither his defences nor expert’s assertion that the essential benchmark of care was met. The jury has not convinced about the absence of general dentist’s expert, although his testimony was put through opening statements. The factor that influenced the jury’s decision found oral dentist 60% inattentive and 40% ratio of defendant oral surgeon.

        The plaintiff conceived before osteomylitis was diagnosed. She has already been on antibiotics for more than six weeks. She testified that her present condition might have affected the foetus. The court concluded that the plaintiff was not able to draw a link between the alleged negligent treatment and the child’s autism.

        Prior to the trial, the plaintiff had asked for $500,000 to clear up the case. However, secret declaration had accomplished following the $ 1.8 million verdict.

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          Dental Malpractice CasesA dental visit makes the person to expect a lot of promises from the expert practitioner. Carelessness on the part of dental care professionals results in temporary or permanent damage to dental health of the patient.

          Unsuccessful dental processes are one of the common areas of dental malpractice. Different factors are responsible for failed dental procedures. Some of the major ones include:

          • Inability to clear all tooth traces during the removal
          • Inability to not fill a cavity properly
          • Improperly treating of roots during the treatment of a root canal
          • Improperly seating of a crown during the placement

          Unsuccessful dental processes make the patient to face a lot of agony and pain that can result in either temporary or permanent loss. Dental malpractice can leave a serious impact on the dental health of the patient. The pain is not only limited to physical stress but mental anguish too. Improper teeth treatment makes the person subjective to great embarrassment among people.

          As the compensation of the loss, Dental Malpractice Group is there to assist you during the legal course of action.      

          Pennsylvania Dental Malpractice Claims

          If you are suffering the unsuccessful dental procedures due to malpractice of the dental professional, come to us to understand you case.

          Contact Dental Malpractice Group online and our proficient dental malpractice lawyers will make to obtain compensation against your loss.

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            Dental Malpractice Settlement CasesDental malpractices are concerned to be negligent on the part of the professional. These unprofessional practices can be in form of damaging the nerves in the mouth, causing infection in course of dental treatment, using anesthesia causing death, failure in proper diagnosing the proper problem or following incorrect procedure. Due to these ill practices by the dentist, serious damage is suffered by the patient. The most common type of damage faced by the patient is broadly categorized between emotional and physical.

            Due to more emergences of these activities in the society, the government of every county has laid proper mechanism for victims through which they can settle their cases. They can ask for claim through suitable mechanism upon the amount of injury suffered by the person. The amount of claim depends upon the type of suffering faced by the victim.

            Even the government has made compulsory for all medical professionals to go for insurance with the insurance companies to protect the interest of patients in the course of any kind of harm. Against all these stands of the government, there are very less number of cases in the record because they do not know the power of their rights, money involved in filing suit, long procedure involved and results. Though instead of all these efforts victims find it hard to make out the compensation due to difficulty in finding suitable representatives.

            There are numbers of selected cases which are common under dental malpractices and settled against the compensation:

            One patient received the substantial amount of compensation on his removal of wisdom teeth.

            Similarly a woman was awarded with the heavy amount of compensation on his wrong removal of teeth. That removal caused nerve damage and a lot of pain and forced her to go for pain medication resulting in surgery.

            Another patient won the heavy amount of compensation against the removal of wisdom teeth which results in nerve damage. This permanently affected the jaw, continuously biting of tongue, and drooling.

            So from these special cases, it is clear that no matter how small and big the suffering sustained from the negligent behavior of the dentist, the victim should not be indecisive to consult good and experienced medical malpractice lawyer who can suggest and guide you.

            Malpractice in the dental profession is a serious offense and gives bad name to the profession. So, the strong stand is needed from every individual to protect the dignity of the profession.

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              Dental Malpractice MistakesDental surgery mistakes are caused by the dental professional due to the inability, ineffectiveness and failure in dental procedure. The mistakes or carelessness on the part of the surgeon can result in minor pain or severe pain which can harm the patient’s health.

              The mistakes can be caused by wrongful dental advice, wrong teeth placement or following incorrect procedure. The common problems which are faced by the patient due to mistakes on the part of dentist include illness, physical loss, mental pain, agony, anguish and other related disorders.

              It is the first responsibility of the victim to prove that the mistake has occurred with injury as a result. In this regard, the victims can take legal advice from the expert attorneys holding expertise in the field of medical issues. It is the duty of the doctor to uphold the standard practice which is accepted in the welfare of the society.

              The amount of claim of the mistake depends on many factors, such as the amount of pain one has suffered, the loss of earnings to the person concerned, the cost of treatment, the post effect of the pain and the impact on the individual’s life. The injured can seek compensation by filling free initial consultation form against the dentist doing such malpractices and prevent the others to be the victim.

              Contact Dental Malpractice Group and get free consultation today.

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                Dental Malpractice CasesDental malpractice is the type of negligence, including the poor quality of services provided by the dentist to the patient. As we all know that dental profession is a noble profession considered by the society. So, it is important to maintain the dignity of that profession by following standard measures.

                Due to the increase in dental misconduct, hard rules are framed by the government, organizations to avoid further appearance of such activities. Heavy penalties compensation/consideration has been imposed to prevent the doctors from undergoing such practices.

                There are dental malpractice attorneys to assist victims who have suffered due to such malpractice. Experienced legal lawyers have adequate knowledge and expertise in handling cases against dental malpractice areas. The legal assistance helps the victims from bearing the post-effect of mental and physical pain. Committees have been formed to follow the best practice by the doctors during their work to avoid malpractice to happen.

                Most people when considering about misconduct suits are not aware that there are dental misconduct suits filed. The magnitude of the number of claims in dental misconduct is flattering steady. The operation of injuries due to unsuited dental treatment can lead to a dental misconduct claim, including injuries to jaw, mouth and tongue nerves, injuries connected to anesthesia and death.

                If a dentist fails to discover verbal cancer, and other verbal diseases he is liable to face compensation claim. A dentist has to ensure that there are no previous medical conditions that might need special treatment before giving anesthesia. The professional falls under dental misconduct act when a person dies from the dental procedure. This can occur by administering unsuited anesthesia or by unsuited treatment of resin infections.

                Dentists are only similar to other physicians liable for any damage due to unsuited treatment or incorrect diagnosis. By law, dentists are responsible to ensure special care while treating their patients.

                While it is not really coherent how many cases of dental misconduct are filed every year in the United States alone, according to a few census data the figures are rising. There are large cases of people that have suffered due to unsuited dental procedures and loosening and frequently these cases are not reported.

                Often, people might not be wakeful that they can record a dental misconduct suit. While dentists are people and thus can make mistakes, creation and blunder that result in a permanent damage that could have been avoided is not acceptable.

                If you feel that you have suffered any of the injuries on top of or a few others, it might be time for you to hunt for a lawyer that is familiar with dental misconduct lawsuits and can provide legal assistance.

                The time that you might outlay probing for such a lawyer could make a difference in your life or the life of one of your family members. It is only correct to obtain probity when harmed by negligent dental treatments or negligence. Thus, consideration plays a vital role in preventing such type of practices in medical profession.

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