In addition to having the duty to provide a certain acceptable standard of care, a dental care provider must also obtain your informed consent for any treatment you receive. The treatment provided also must not exceed the consent you've given because you do have the right to decide what treatment you receive. If the dental care provider does not obtain your informed consent or the treatment you receive exceeds the informed consent you gave, it may be grounds for you to bring a dental malpractice lawsuit. Keep in mind, though, that dentists cannot guarantee results, so a dental malpractice claim cannot be brought because the treatment you received wasn't successful or didn't meet your expectations.
A dental malpractice lawsuit can only be brought if the dental professional violates the acceptable standard of dental care and if you suffered an injury due the dental professional breaching that standard of care as a result of his or her incompetence, negligence or intentional misconduct. In some cases, a dentist or dental professional may be found guilty of intentionally injuring or committing improper conduct (molesting a patient while he/she is under sedation) against a patient. In short, dentist's violation of the standard of care, whether it be unintentional or intentional must be the clear probable cause of the harm suffered by you. For more information, contact a Lead Counsel dental malpractice lawyer to find out if you have a dental malpractice lawsuit claim.
If you are a victim of any of these or other injuries or bad dental practices, you may be eligible for monetary compensation by pursing a dental malpractice lawsuit claim:
- Permanent or temporary injuries to the nerves of the tongue, jaw, chin and lips, including lingual nerve injury (tongue) and inferior alveolar nerve damage (lips, chin and jaw);
- Permanent or temporary numbness or loss of taste sensation;
- Permanent or temporary structural injuries to the tongue, jaw, chin or lips;
- Temporo Mandibular Joint (TMJ) disorders;
- Wrongful death resulting from dental procedures or oral surgery;
- Injuries or death caused by improper or negligent administration of anesthesia;
- Failure to diagnose or treat oral cancer;
- Failure to diagnose or treat periodontal (gum) disease;
- Delayed or improper diagnosis of a disease or other oral condition;
- Delayed or improper treatment or non-treatment of a disease or other oral condition;
- Injuries associated with root canals using Sargenti Paste (N2);
- Injuries or infection to teeth, gums or jaw bone resulting from faulty root canal, crown and bridge prostheses;
- Injuries from improper treatment by unlicensed dentists;
- Infection to teeth, gums or jaw due to improper use of dental products, devices or tools, including drills, dental lasers and silicone implants;
- Infection to teeth, gums or jaw due to faulty dental products, devices or tools, including drills, dental lasers and silicone implants (dental products liability);
- Injuries associated with extractions or needlessly extracted teeth;
- Improper orthodontic procedures on adults and children;
- Delay of diagnosis and/or treatment;
- Improper diagnosis and/or treatment;
- Failure to obtain informed consent;
- Treatment exceeding the scope of informed consent; or
- Dental or oral surgical procedure error resulting in injury or infection.