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The Basics

Dentists, oral surgeons and orthodontists can all be held liable for intentional or unintentional acts just like any other medical practitioner.  Examples of dental malpractice range from intentional misconduct, on one end of the spectrum, to unintentional acts, like failing to timely diagnose a particularly dangerous oral condition, on the other. 

Pietrangelo Cook PLC has handled dental malpractice claims and is familiar with the legal and procedural requirements of successfully litigating such claims for our clients.

Proving it:

To prove that you have been the victim of dental malpractice, a successful plaintiff will have to persuade a court (or a jury) that:

• There is a recognized standard of acceptable dental practice in the community where the defendant dentist works (usually, an expert testifies about this);
• The defendant dentist breached that standard; and
• That the plaintiff suffered injuries as a proximate result of that breach.

You cannot prevail in a dental malpractice action unless you prove every one of these things. 

Some common examples of dental malpractice:

• Permanent or temporary numbness or loss of taste sensation;
• Permanent or temporary injuries to the mouth;
• Wrongful death resulting from dental procedures;
• Injuries or death caused by improper or negligent administration of anesthesia;
• Delayed or improper diagnosis or treatment of a disease or other oral condition;
• Infections resulting from improper use of dental products or use of faulty products;
• Injuries associated with unnecessary surgery;
• Failure to obtain informed consent;  or
• Treatment exceeding the scope of informed consent.

Contact an attorney to evaluate your case.

"A plaintiff carries the burden of proving several elements in a dental malpractice claim. A plaintiff must prove '[t]he recognized standard of acceptable professional practice in the profession and the speciality thereof, if any, that the defendant practices in the community in which the defendant practices or in a similar community at the time the alleged injury or wrongful action occurred.' In addition, a plaintiff must prove the defendant “acted with less than or failed to act with ordinary and reasonable care in accordance with such standard” and as a result of the negligent act or omission plaintiff “suffered injuries which would not otherwise have occurred.' Plaintiff's burden must be met with competent evidence. '[I]njury alone does not raise a presumption of the defendant's negligence.'"

Lovin v. Charles E. Nave, D.D.S., P.C., 2003 WL 164281, at *4 (Tenn.Ct.App. 2003).