Introduction
In the general sense, dental malpractice can be said to be one of the more complicated and commonly misunderstood areas of law that has serious consequences for both the patient and practitioner. If you are an attorney looking to represent clients in such cases, it is wise to familiarize yourself with dental malpractice. In this article, the aims provide clients with an understanding of dental malpractice including definition, common forms of claims, the significance of a medical record’s review, and practical instruction for lawyers in the industry.
What is Dental Malpractice?
A patient’s dental damage is termed as dental malpractice when the damage emanates from a dental professional’s neglect or insufficient practice. This could include a number of acts such as improper diagnosis, or even wrong treatment or procedures and failure to inform the patient about sensitive areas concerning the treatment.
Common Types of Dental Malpractice Claims
- Misdiagnosis or Delayed Diagnosis: This relates to the case whereby a dental surgery, such as that of losing teeth, does not recognize there are cavities or even gum diseases caused by the teeth in regards to time.
- Improper Treatment: Activities that are performed on a surgery such as root canals and even an extraction that may have gone bad and caused complications.
- Failure to Obtain Informed Consent: Procedures whereby patients are not fully informed concerning the potential risks and the benefits of engaging in a certain surgery.
- Negligence in Anesthesia Administration: The act of anesthesia being used negligently and leading to undesired effects.
- Failure to Refer: Instances where a patient who should be referred to another specialist is not referred.
The Importance of Medical Records in Dental Malpractice Cases
The medical record elevates itself as a crucial element in the dental malpractice case. It is the pertinent indicative material in regard to the care and treatment dentist undertook as well as the actions which were taken.
How Medical Records Review Helps Attorneys
- Establishing Standard of Care: Reviewing records helps attorneys determine if the dental provider met the accepted standards in their practice.
- Identifying Documentation Errors: Inconsistencies or gaps in records can highlight potential negligence.
- Supporting Claims: Comprehensive medical records can substantiate claims of malpractice or defend against them.
Navigating Dental Malpractice Lawsuits: A Step-by-Step Approach
Step 1: Initial Consultation
The first case consultation should be the opportunity for the attorneys to collect as much relevant information about the case as possible, such as the patient’s profile, treatments undergone, and various forms of alleged malpractice.
Step 2: Medical Records Review
A thorough review of medical records is essential. This includes assessing the documentation for completeness, accuracy, and adherence to standard practices.
Step 3: Expert Witness Consultation
Working with dentists may also inform whether the standard of care was given in addition to being beneficial in creating the case.
Step 4: Filing a Claim
Attorneys may advance a claim against the dental provider following the collection of sufficient evidence. Such practice entails going through the appropriate papers and states’ compliance.
Step 5: Negotiation and Settlement
Dental malpractice attorneys acknowledge that negotiations for out of court settlements are possible in most cases. As such, attorneys do need to be on their toes ready to negotiate on behalf of their clients.
Step 6: Trial Preparation
If a settlement cannot be reached, attorneys must prepare for trial, which includes presenting evidence, witness testimonies, and expert opinions.
Current Trends in Dental Malpractice (2024)
Increasing Claims Related to Telehealth
As telehealth expands, there has been a trend of increasing dental malpractice claims that stem from remotes. Advocates of the law need to know such instances have their own challenges.
Enhanced Focus on Informed Consent
There is a trend of larger emphasis being placed on seeking informed consent when it comes to complex procedures; legal professionals must take their clients through this process.
Use of Technology in Record Keeping
Technology is changing how dentists’ records are kept. The introduction of the digital form of record keeping has the potential to enhance accuracy but at the same time introduce new legal issues on data security.
Case Studies
Case Study 1: Misdiagnosis of Gum Disease
Overview: The patient went to see a dentist that was complaining of gum soreness. The dentist claimed that this problem was only a case of marginal gingivitis with no further investigation warranted.
Challenges: Later on the patient suffered from the chronic periodontitis and this led to loss of teeth.
Solutions: The lawyer studied the dental charts and checked solutions with the periodontics, which was able to agree that the care was below the expected level.
Case Study 2: Anaesthesia Complications
Overview: During the course of a simple procedure of tooth extraction, a patient received anaesthesia from the dentist. Due to improper dosage, the patient suffered many complications.
Challenges: The operation report depicted non-monitoring which caused the safety of the procedure by the dentist to be questionable.
Solutions: The attorney was able to undertake comprehensive appraisals of the records showing how the anaesthesia was administered, and sought an anaesthetic’s opinion, which asserted that care was insufficient.
Conclusion
Dental malpractice is a broad topic that needs adequate knowledge of the law and medicine. Lawyers, in particular, rely on medical records review to effectively build a case. If legal practitioners keep in touch with the present developments and systematically tackle such legal suits, they will be able to serve their clients better and get good results.
