To successfully manage a dental practice, one has to ensure that patients are protected from harm that can lead to litigation costs. However, even when business owners are cautious, the dentist needs to have the correct insurance for your company in place.
Hailing the best insurance coverage with the help of Noakes Law Group to assist you in providing for circumstances the dentist would not anticipate. This includes expenses if a patient slips on your compound or if they open a case against your services.
Below are some everyday dents and difficult actions that constitute dental malpractice and how to prevent them. Let’s check out how you can protect yourself.
What is Dental Malpractice?
Dental malpractice occurs when a patient complains that their dentist was negligent in doing their job and caused the patient some form of harm. This is the aspect that dentists need to identify and treat in what may be cavities or cracked tools. However, if a patient cannot comprehend the treatment’s potential outcomes or is dissatisfied with the outcome, they are likely to sue.
Most of the patients bringing up the case argue that the dentist provided services below industry standards. This means that the work did not meet what a dentist with training and experience should be doing in terms of their practice.
Knowing the circumstances that cause claims and being properly insured can prevent the dentist from losing in case of a trial. The patient needs to be aware of the best treatment procedures so that he/she doesn’t become a victim of dental malpractice.
Standard of care
A malpractice claim requires any dentist to prove that they owed the particular patient a certain level of ‘duty of care.’ This duty is shown by simply treating a patient, and this is usually followed up with medical records.
However, certain conditions are not very clear. For instance, where a patient has failed to come back for more treatment or the dentist has directed the patient to seek the services of another healthcare provider, it may be difficult to establish this duty of care. It is also important to note that sometimes dentists are liable for their employees’ work, such as dental assistants or hygienists, even if they weren’t at fault for the problem.
To pursue such a case, the patient must also be able to show that the dentist did not deliver the required standard of care.
Causation – Linking Mistake to Harm
For a malpractice claim, the patient must also show that the dentist’s actions directly caused harm. This is called “proximate cause.” It means there has to be a clear link between the mistake and the injury.
Common Types of Dental Malpractice
- Ignoring accepted standards when suggesting treatments.
- Failing to diagnose issues like infections, cancer, or oral diseases.
- Causing infections or not treating them properly.
- Not supervising staff or keeping track of their work.
- Incorrectly giving anesthesia, leading to complications.
- Damaging nerves, causing numbness or pain that doesn’t go away.
- Using too much force causes injuries during procedures.
- Improperly fitting fillings, crowns, or implants cause bite issues.
- Suggesting unnecessary dentures or not fitting them correctly.
- Using tools that are old or not maintained properly.
- Not checking a patient’s medical history or allergies before treatment.
Conclusion
Dental malpractice claims are serious. They can be very costly and can harm a dental practice’s reputation. The best way to avoid claims is to provide good care, communicate clearly with patients, and ensure that all staff are well-trained. Meeting the professional standard of care is very important.
Having strong insurance coverage can also help cover any unexpected issues that may arise. Combining these practices can help protect your dental practice from legal and financial trouble.
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References:
- https://www.insureon.com/blog/malpractice-for-dentists
- https://www.spetsasbuist.com/library/five-most-common-dental-malpractice-claims.cfm
- https://implantpracticeus.com/navigating-dental-malpractice-lawsuits-part-1/
- https://dentaldefencesociety.com/2023/04/13/5-top-tips-to-protect-yourself-against-a-dental-negligence-claim/
