How Dental Malpractice Differs from Medical Malpractice

Most people are familiar with medical malpractice claims. However, you can also file a dental malpractice claim for dental malpractice injuries. Medical and dental malpractice are types of professional malpractice lawsuits. However, there are differences in the types of damages and people involved.

After reviewing how dental and medical malpractice differ, ask an attorney for more information. Contact a dental malpractice lawyer for help recovering compensation for negligent dentistry.

What Are the Differences Between Medical and Dental Malpractice?

Medical and dental malpractice cases are types of legal claims for professional malpractice. They differ because of the healthcare professionals involved in your claim. You can file a medical malpractice lawsuit against a doctor. You can also file a dental malpractice lawsuit against a dentist.

To win a malpractice lawsuit, you have to prove the following elements:

• The doctor or dentist owed you a duty of care as a patient
• The doctor or dentist breached their duty by deviating from the professional standards of care
• The doctor’s or dentist’s breach caused your injuries
• You suffered harm as a result of the doctor’s or dentist’s negligence

In medical and dental malpractice claims, you generally need an expert witness to testify about the standard of care. For example, suppose your medical malpractice claim involves a misdiagnosis by an oncologist. Another oncologist could give expert testimony to support your case. For a dental malpractice lawsuit, a dental professional would testify about the standard of care.

Is There a Difference Between Dental Malpractice and Negligence?

Dental negligence is generally the same thing as dental malpractice. However, some countries, like the U.K. and Australia, call medical malpractice cases medical negligence. This can be a difference in common terminology.

Generally, malpractice is professional negligence. For example, if you drive a car, you’re responsible for damages caused by negligent driving. But dentists and doctors have different duties of care because of their profession.

Who Is Involved in a Dental Malpractice Case?

Dental malpractice cases can involve a dentist or other types of dentistry professionals. Most dentists are Doctors of Medicine in Dentistry (DMD) or a Doctor of Dental Surgery (DDS). Other dental healthcare providers in a malpractice case include:

• Dental hygienist
• Oral surgeon
• Maxillofacial surgeon
• Orthodontist
• Endodontist
• Pediatric dentist
• Periodontist
• Anesthesiologist

Can You File a Medical Malpractice Claim Against a Dentist?

Many medical malpractice lawyers handle dental malpractice cases and vice versa. There can be a lot of overlap between medical and dental malpractice. Some types of medical treatment plans involve dental care. A dental surgery with complications may require the patient to go to the hospital. Complex malpractice cases can involve malpractice claims against multiple healthcare providers.

For example, imagine someone goes to the dentist due to mouth pain. The dentist wrongfully diagnoses a tooth problem and extracts the tooth. They keep suffering pain and go to the doctor. Their family doctor suspects cancer, but they don’t tell them, and there are no follow-ups. A year later, the person goes to a new doctor and gets diagnosed with oral cancer. The dentist could have a malpractice claim against the dentist and the family doctor.

What Are Examples of Dental Malpractice Cases?

There are many types of possible dental malpractice. Any type of dental treatment can involve potential negligence. Dentists owe their patients a duty of care to provide dental treatment as a reasonable dentist would in a similar situation. Whenever a dentist goes outside of dental standards and causes harm, they can be liable for your injuries.

Examples of dental malpractice include:

• Misdiagnosis of oral cancer
• Oral nerve damage
• Wrong tooth extraction
• Dental implant injuries
• Cosmetic dentistry errors
• Unnecessary root canal
• Anesthesia errors
• Wrongful death from dental errors

How Can a Medical or Dental Malpractice Lawyer Help?

A dental or medical malpractice lawyer can identify possible dental malpractice and review your case. They can also get an expert to review your dental records. Your lawyer can file a malpractice lawsuit against the negligent dentist and explain your legal options.

You have limited time to file a dental or medical malpractice lawsuit. Your attorney can negotiate with the dentist’s insurance company for a fair settlement. If the malpractice insurance provider doesn’t pay for your losses, your attorney can take them to court.  If you suffered injuries after a dental procedure, contact a malpractice lawyer immediately.