What Is Dental Malpractice?
Certain people must carry malpractice insurance based on their occupation, primarily to protect them in the event of impending litigation. Lawyers, doctors and dentists all need malpractice insurance regardless if they are self-employed (manage their own practice) or work for a corporation. A patient can sue a dentist for malpractice because of something that the dentist did or omitted to do, especially as dentists must exercise reasonable care with their patients.
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Basics
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Just as people have automobile insurance to protect them in the event of an accident, dentists have malpractice insurance to protect against lawsuits. Even if a lawsuit is unfounded, a dentist must still defend himself against the claim. Patients must prove that dental malpractice occurred. Examples of claims include a dentist's failure to perform oral surgery correctly or to consider the patient's medical history and medications before conducting treatment. One woman in South Carolina obtained a judgment against her dentist after 13 teeth were pulled unnecessarily.
Statute of Limitations
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Each state has its own rules regarding medical malpractice statute of limitations. A statute of limitations describes the available time a patient has to file a lawsuit. For instance, a malpractice statute of limitations might provide patients with a right of action for only three years. Thus, if a dentist negligently pulled a tooth on April 1, 2006, the patient must begin litigation before April 1, 2009, or her claim will become ineligible.
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Dental Board
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Dentists obtain their licenses after completing dental school and being approved by a designated state office. State dental boards gather information about complaints against dentists and dental practices. If a patient has a dental malpractice complaint, he can file a grievance with the state board, which then should investigate the patient's claims.
ADR
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Dental malpractice cases sometimes are settled through arbitration or alternative dispute resolution. A court might require cases to be arbitrated, or a dentist's contract, signed by the patient before receiving services, can stipulate arbitration requirements.
Attorneys
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Dental malpractice plaintiff's attorneys are hired by patients to file claims against dentists. Dental malpractice defense attorneys often represent dentists or dental clinics faced with litigation. If a dentist does not have malpractice insurance, then he will have to retain an attorney independently.
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References
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Comments
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ugdltr
Oct 28, 2009
My wife's primary dentist was referred to a dentist for a root canal on tooth #8. The referral dentist mistakenly drilled through #9 (existing porcelain crown) and just apologized - my wife now experiences occasional pain in that tooth. Her primary dentist repaired the small hole in tooth #9. In the event that tooth #9 needs to be replaced, can she sue the referred-to-dentist for damages caused? Any feedback would be greatly appreciated.
