Dental malpractice lawsuit

Visiting the dentist at least twice a year is a recommendation for everyone in general. However, sometimes, during dental procedures, errors occur that lead to injury, pain, damage to the oral or dental structure and affect the patient’s chewing function and quality of life.

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What is dental malpractice?

Also known as dental negligence or dental malpractice, it is the consequence of an inadequate practice on the part of the specialist, which can cause from an injury to the death of the patient. Unfortunately, the increasingly popular dental chains have grown considerably in recent years, and receive the most complaints.

Like medical malpractice, dental malpractice occurs as a result of inadequate care, leading to avoidable errors in providing a service focused on the patient’s needs.

Causes of dental malpractice

• Lack of qualifications. A dentist practicing without the necessary qualifications can be sued because he or she does not have the knowledge and skills to care for patients.
• Lack of follow-up after treatment. The dentist should follow up the patient to check that he/she is evolving correctly, since if he/she suffers an injury as a consequence of lack of subsequent attention, the patient may sue him/her.
• Failure to take a clinical history. Allergies to medications, adverse reactions, contraindications are some situations that occur when the dentist does not take into account the patient’s medical history to prevent possible complications during and after treatment.
• Nerve damage. Either by anesthesia or by a poorly applied procedure, the patient may suffer nerve damage that causes pain, burning, loss of sensitivity, among others.
• Anesthesia errors. In addition to nerve injury, anesthesia errors can be so serious that they cause the patient’s death.
• Failure to recognize diseases. From periodontal disease to cancer, the patient can suffer many oral damages due to lack of diagnosis.

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Can I sue my dentist for malpractice?

If you ever thought that a dentist performed his work so poorly that it could even be considered malpractice, you are probably right, as there are a significant number of cases of complaints and denunciations against dentists for poorly performing their work and affecting the patient’s quality of life and even endangering their health.

The work of a dentist is to perform diagnostic, preventive and treatment activities of the teeth, mouth, jaws and adjacent tissues, as well as to prescribe products, medicines or prostheses that correspond to his professional practice, and therefore he is responsible for the actions he performs in any of these activities.

During the medical consultation, the dentist has the obligation to distinguish between the patient’s needs and expectations, and must therefore transmit correct and clear information on the risks and results of medical care. This information should be in writing and should be a mutual agreement about the service and the results.

The information set forth will be vital to proceeding for dental malpractice against a dentist. In many occasions dentists do not take the precaution of putting in writing what is stipulated, since they usually make a diagnosis, discuss it with the client and proceed. However, the correct thing is that this process is not only oral, but that there is a record to which you can go in case of any inconvenience.

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If you have been a victim of dental malpractice and need to file a medical malpractice claim, or a psychological expert witness case, contact us. You are entitled to compensation to help you cope with the injuries you suffered and you can prevent someone else from being a victim of negligent and unpunished care. Call us at 5568401076, send us an email to firma.lex.co@gmail.com, for these cases, for lawsuits for unjustified dismissal or compensation for labor risk write us through our contact form or WhatsApp and tell us about your case.

Lic. Carlos Figueroa Rodríguez

Carlos Figueroa Rodríguez, attorney at law at Lex & Co. He has more than 10 years of experience in specialized cases involving medical malpractice and insurance claims. He is a graduate of the Universidad Anáhuac and has a Master’s Degree in Constitutional Law and Amparo from the National Bar Association. He also has a Doctorate in Juridical Sciences from the UCI Mexico. Professional license 6577215.