Dentists, like other health care professionals, are required to abide by the standard of care that applies to them, and if they deviate from the dental standard of care under the circumstances and there is harm caused by the deviation, they are liable for the injuries they cause.
For example, in Maryland, the medical malpractice (health care malpractice) statute defines “Health care provider” as “a hospital, a related institution as defined in § 19-301 of the Health–General Article, a medical day care center, a hospice care program, an assisted living program, a freestanding ambulatory care facility as defined in § 19-3B-01 of the Health–General Article, a physician, a physician assistant, an osteopath, an optometrist, a chiropractor, a registered or licensed practical nurse, a dentist, a podiatrist, a psychologist, a licensed certified social worker-clinical, and a physical therapist, licensed or authorized to provide one or more health care services in Maryland.”
An article that appeared in the Journal of Orofacial Sciences in 2012 stated: “The term “standard of care” is a legal term of art defined as “that care which a reasonable and prudent practitioner would do under the same or similar circumstances.”The meaning of standard of care is actually found in the definition of negligence which consists of four elements, namely, that the duty of care was owed by the dentist to the patient, that the dentist violated the applicable standard of care, that the plaintiff suffered a compensable injury, and that the injury was caused in fact and proximately caused by sub-standard conduct … Standard of care is dynamic as it evolves from time to time and the term could be aptly substituted with minimum standard of care which is described as “reasonable degree of skill learning and skill that is ordinarily possessed by dentists and surgeons in the locality where he/she practices.””
In April 22, 2022, a Michigan dental malpractice jury returned its verdict in favor of the plaintiff in the amount of $2.75 million after he suffered injury to his left lingual artery, arterial bleeding, loss of blood, and other injuries including impairment related to difficulty chewing and numbness of his mouth, after an oral surgeon negligently attempted to remove a soft tissue mass. The jury awarded $1.375 million for past pain and suffering and for the loss or impairment related to difficulty chewing and numbness of the mouth; $1.307 million in future pain and suffering and related damages; and, $68,000 in damages for medical expenses. The trial lasted three days after which the jury deliberated for 90 minutes before returning its verdict.
The dental malpractice lawsuit alleged that the oral surgeon deviated from the agreed-upon procedure without the patient’s consent; failed to properly perform adequate testing, such as an MRI or angiogram, prior to removing the mass, and failed to properly diagnose the soft tissue mass, which was a vascular malformation, before trying to remove it. The lawsuit further alleged that the oral surgeon misdiagnosed the plaintiff’s condition; failed to defer surgery until adequate testing and diagnosis were performed; failed to schedule the surgery for a hospital location; and failed to use a method for the biopsy that was limited in invasiveness.
If you or a loved one suffered serious injuries (or worse) due to dental malpractice in the United States, you should promptly seek the advice of a dental malpractice attorney in your state who may investigate your dental malpractice claim for you and file a dental malpractice case on your, or your loved one’s, behalf, if appropriate.
Visit our website or telephone us toll-free in the United States at 800-295-3959 to be connected with dental malpractice lawyers in your state who may assist you with your dental malpractice claim.
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