Dental malpractice is a serious issue that can have significant consequences for both patients and dental professionals. As a dentist or dental attorney, it is important to understand what constitutes dental malpractice, how to avoid it, and what to do if a malpractice claim is made against you. In this guide, we will provide an overview of dental malpractice and offer advice to help you navigate this complex area of law. This article is brought to you by the Cohen Law Firm, PLLC, a firm dedicated to representing dental professionals and patients in malpractice claims.

What is Dental Malpractice?

Dental malpractice occurs when a dentist or dental professional provides care that falls below the standard of care expected of a reasonably prudent dental professional, resulting in harm to the patient. This harm can take many forms, including physical injury, emotional distress, financial loss, and even death. Examples of dental malpractice include, but are not limited to:
  • Failure to diagnose or treat a dental condition
  • Misdiagnosis of a dental condition
  • Improper use of dental tools or equipment
  • Anesthesia errors
  • Infections or other complications resulting from dental procedures
  • Failure to obtain informed consent from the patient

How to Avoid Dental Malpractice

To avoid dental malpractice, it is important to follow these guidelines:

Follow Standard Practices and Guidelines

As a dental professional, it is your responsibility to follow standard practices and guidelines established by dental associations and licensing boards. This includes staying up-to-date on the latest techniques and technologies, attending continuing education courses, and following established protocols for diagnosis, treatment, and follow-up care.

Obtain Informed Consent from Patients

Informed consent is essential in avoiding malpractice claims. Before any procedure, it is important to explain the risks, benefits, and alternatives to the patient and obtain their written consent. This helps ensure that the patient understands the procedure and the potential outcomes.

Keep Accurate and Thorough Records

Accurate and thorough records are essential in defending against malpractice claims. It is important to document all conversations, procedures, and follow-up care in the patient’s chart, including any informed consent forms.

What to Do if Accused of Dental Malpractice

If you are accused of dental malpractice, it is important to follow these steps:

Contact an Experienced Dental Malpractice Attorney

As soon as you become aware of a malpractice claim, it is important to contact an experienced dental malpractice attorney. Your attorney can help you understand the allegations, gather evidence to defend your case, and negotiate a settlement or represent you in court.

Cooperate with the Investigation

Cooperating with the investigation is important in defending against malpractice claims. This includes providing the patient’s chart and any other relevant documentation,and answering any questions posed by the investigating body or agency.

Maintain Professionalism

While a malpractice claim can be stressful and emotionally charged, it is important to maintain professionalism throughout the process. Avoid discussing the case with anyone outside of your legal team, avoid making any public statements or social media posts about the case, and continue to provide quality care to your patients.

Conclusion

Dental malpractice is a serious issue that can have significant consequences for both patients and dental professionals. As a dental professional, it is important to follow standard practices and guidelines, obtain informed consent from patients, and keep accurate and thorough records to avoid malpractice claims. If a malpractice claim is made against you, it is important to seek the advice of an experienced dental malpractice attorney as soon as possible and to cooperate with the investigation while maintaining professionalism throughout the process. The Cohen Law Firm, PLLC, is a law firm dedicated to representing dental professionals and patients in malpractice claims. With a wealth of experience in dental malpractice law, our attorneys are well-equipped to help you navigate this complex area of law and defend your reputation and livelihood. Contact us today to learn more about our services and how we can help you protect your practice.