At James S. Bell, PC, we know what bad dental work is. That is why we will fight for you. Dental malpractice occurs when your dentist commits negligence int he course and scope of a dental examination, a dental surgery, or a dental visit. There are many types of dentists that can commit dental malpractice. They include general dentists, orthodontists, endodontists, periodontists, oral surgeons and hygienists are considered health care professionals. These people are held to a higher standard of care. There are many different types of dental malpractice that range from nerve damage to the tongue, jaw, chin, lips, numbness and loss of feeling, wrongful diagnosis, delayed diagnosis, and bad oral surgery.
A lot of times the cases involve complex matters which may include implants, implant placement, bone graft issues, AND orthagnathic surgery. Sometimes dental issues involve extracting the wrong tooth or root canal issues. We also handle cases that involve dental implant cases which may include the failure to properly implement and install dental implants. Our firm also handles cases which involve dental bridges.
There are some requirements to have a possibly good dental malpractice case. First you must prove that the dental professional made a mistake and that the mistake is below the standard of care in the dental community. Second, we need to prove that the mistake is what actually caused the injuries you have suffered. Third, we need to prove that you have actual damages.
We Must Prove BOTH a Bad Mistake AND a Bad Injury
It is not enough to prove that the dentist made a mistake, and it is not enough to prove that you suffered damages because of something the dentist did. All mistakes by dentists are not malpractice–some are unavoidable and acceptable complications of treatment; and sometimes the mistake made by the dentist is not what caused the patient’s damages.
Here are some common negligent acts in dental malpractice cases:
- Errors During Extractions
- Problems With Implants, Bridges and Crowns
- Failure to Diagnose Disease
- Lack of Informed Consent
- Patient Abandonment
- No Specialist Referral
- Complications from Anesthesia
- Infections After Treatment
Does Your Dental Malpractice Case Make Sense To Pursue?
Dentist malpractice cases can become very expensive in a short period of time. The laws in Texas make it very expensive to sue, and there are several challenges you must meet in order to pursue your case. Prior to any attorney’s fees you must consider court costs, costs for expert witnesses and many other costs which could make it prohibitive for you to pursue your case.
While this limits the number of dental malpractice suits in Texas, if you have suffered permanent injury – or had to undergo additional expensive dental treatments – then you may have a case. Contact us today to determine if it is worth your time and money to pursue such a course of action.
Types Of Dental Malpractice Suits
There are several types of dental malpractice suits:
- First, there are dental malpractice suits that include anesthesia issues.
- Second, dental malpractice cases can involve the failure to diagnose oral diseases and failure to diagnose oral cancers.
- Third, dentists can cause injuries to oral nerves.
- Fourth, dentists often commit mistakes as it relates to bridges and crowns.
- Fifth, dentists commit negligence when it comes to tooth extraction issues.
- Sixth, dentists commit malpractice as it relates to root canals.
- Seventh, sometimes there is negligence as it relates to novocain or laughing gas.
- Eighth, there is dental malpractice as is relates to tooth extractions.
- Ninth, there is dental malpractice as it relates to endodontic procedures.
- Tenth, there is dental malpractice as it relates to dental implants.
- Eleventh, there are problems with periodontal disease.
- Twelfth, there can be dental malpractice as it relates to orthodontics. Next, there are issues as is relates to infections, either the causing of infections or the failure to treat or diagnose an infection.
- Lastly, there are wrongful death cases that involve dental malpractice.
At the end of the day, the best defense in a dental malpractice case is proper documentation. That means that the patient’s dental records must contain a chronology, treatment plans, and all communications. Many people will review the dental records that’s why it is important to review consents, patient histories, treatment plans, and notes.
Texas Dental Laws
Texas’ Dental Practice Act is found in Chapters 251 through 267 of the Texas Occupations Code. Here is a link to a PDF about the Dental Practice Act (2018).
Contact Us Today
You are welcome to call us today to schedule an appointment to discuss your possible dental malpractice case in the Dallas Fort Worth (or other Texas) area. Our phone number is (855) 337-6836 or you may email us through our contact form.