What You Should Know About Dental Malpractice Lawsuits in Illinois
When a dentist or other oral care specialist makes a mistake, a patient can suffer serious and often lifelong consequences. Victims of dental malpractice may endure permanent nerve damage, chronic pain, bite disorders or facial paralysis. In some cases, patients have died as a result of anesthesia errors, misdiagnosed cancers or untreated infections.
How Do I Prove a Dental Malpractice Case?
Like all health care professionals, dentists have a duty to uphold a certain standard of care. The first step is proving the dentist breached that duty. The standard measure is whether another dentist (in the same locale with similar education) would provide the same care under comparable circumstances. Typically, the testimony of a dentist in the same area of practice will help determine whether this breach occurred.
Next, you must prove the physical, economic and/or emotional harm you suffered was a direct result of the dentist’s conduct. This is one of the most challenging aspects of any malpractice case. It’s also one of many reasons plaintiffs generally fare better with an experienced attorney on their side.
Common Examples of Dental Malpractice
Patients can file malpractice lawsuits against general dentists as well as specialists, such as oral surgeons. The following situations and procedures provide the most common grounds for dental malpractice lawsuits:
- Orthognathic (jaw) surgeries
- Tooth extractions
- Surgery or treatment to correct TMJ (temporomandibular joint, which connects the jawbone to the skull)
- Dental implants
- Endodontic procedures such as root canals
- Oral cancer diagnosis and treatment, or failure to diagnose cancer
- Anesthesia complications
- Periodontal (gum) disease treatment
- Orthodontic procedures
- Improper injections
- Adverse drug reactions
- Substandard crowns or incorrect bridge placement
Serious Injuries Resulting from Dental Malpractice
If a dentist or specialist makes a mistake during any of the above procedures, a patient can suffer serious injury. Here are some of the injuries and conditions that can result:
- Infection
- Permanent nerve damage
- Severed nerve
- Facial paralysis
- Air embolisms
- Sinus perforation
- Bite disorders
- Trigeminal neuralgia, a chronic pain condition affecting the nerve that carries sensation from the face to the brain
- Root resorption, which can result in permanent loss of tooth structure
- In some cases, death
Causes of Dental Malpractice
A dentist can cause one of the above injuries by engaging in one of the following actions (or inactions):
- Failing to diagnose conditions such as TMJ, gum disease or oral cancer
- Failing to promptly treat complications such as infection
- Failing to properly supervise the actions of employees such as hygienists or less experienced dentists
- Failing to take X-rays on a regular basis
- Failing to take a thorough health history including smoking, medications and previous reactions to surgery or anesthesia
- Failing to refer patient to a specialist
- Failing to thoroughly explain risks of a surgery or procedure and obtain informed consent
In addition, there are specific criteria and strict filing deadlines for Illinois malpractice claims. Therefore, it’s best to contact a qualified attorney immediately if you are a victim of dental malpractice.
Malpractice law is complicated, but finding the right lawyer is simple.
Call 1-800-MALPRACTICE today for a free, no-obligation consultation.
Do You Have a Case?Sources:
- https://www.nolo.com/legal-encyclopedia/dental-malpractice-lawsuits.html
- https://www.nolo.com/legal-encyclopedia/medical-malpractice-informed-consent-29872.html
- https://www.alllaw.com/articles/nolo/medical-malpractice/sue-dentist.html
- https://www.mayoclinic.org/diseases-conditions/trigeminal-neuralgia/symptoms-causes/syc-20353344