Staff members in dental offices can be accused of crimes under criminal law and civil law. Criminal law involves things like medical insurance fraud. However, if you've been injured or received bad treatment, then you can pursue a medical malpractice suit with a civil law attorney. Read on to learn the basics of dental medical malpractice cases.
What Constitutes Dental Malpractice?
Some procedures, like dental implant surgery, will have a period of healing where you may feel pain or soreness. However, if you've been following your dentist's orders but have gotten injured or sick from a treatment—and aren't getting better—you could have a medical malpractice case. Keep in mind that your injury must result from negligence on the dentist's part. If you didn't follow instructions and worsened the condition, then you probably don't have a case.
Besides actionable negligence, you can pursue a medical malpractice suit if your dentist failed to diagnose a condition, like a root abscess, in a timely manner. This is called an act of omission and still counts as negligence on the dentist's part.
Lastly, you can sue your dentist for malicious intent if you can prove that the dentist or his or her staff meant to do you harm.
Do You Have a Case That Involves Tort Law or Contract Law?
A tort case involves a civil wrong and a breach of trust. A case involving contract law actually requires a contract (written or verbal) and has to do with a breach in contract. There is some overlap between the two areas, but usually contract cases aim to restore the injured party to where they were before the contract (e.g., reimbursement for unprovided services). A tort case, on the other hand, is where the victim is seeking compensation for injury.
Although every dental malpractice case is different, yours should meet three basic requirements:
If you refused the standard of care, then you likely don't have a case. For example, if your dentist recommended root canal therapy but you didn't want to do it to save money, then the dentist is within his or her rights to refer you to another provider. If you refuse the standard of care, then the dentist can have you sign an informed refusal so that you understand that a certain treatment was recommended but you didn't take that option.
If you've been physically, mentally, or emotionally injured under what you thought was the standard of care, then you want to pursue this case so that you can receive compensation for damages. Damages can include things like missing school, losing wages, developing anxiety, etc.
What Do You Need to Document?
It's best to document as much as you can immediately after the incident. For example, if you are getting medical treatment due to the harm you faced, you need to keep thorough records. It's a good idea to get in touch with an attorney as soon as you can because he or she can tell you what you need to document and help you with this process.
For instance, your attorney may ask you or a witness to document res gestae declarations (Latin for "things done"). Res gestae declarations can be made by any staff members during the time of the injury. For example, if your dentist said, "dang it" or "shoot" during your treatment, that comment could be used to show that he or she made a mistake.
For more information on dental medical malpractice cases, consult with a medical malpractice law attorney in your area.
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