When you visit a dentist, you expect competent care that prioritizes your oral health and well-being. However, just like in any medical field, dental procedures sometimes go wrong. Dental malpractice can result in a range of injuries, causing pain, financial loss, and significant health issues. Understanding what constitutes dental malpractice and the common injuries suffered can help patients recognize when they may have a Florida legal claim.
What is Dental Malpractice in Florida?
Dental malpractice occurs when a dentist, dental hygienist, or other dental professional fails to provide the standard of care that a reasonably prudent dental professional would in similar circumstances. For a claim to be successful, it must generally be shown that:
- The dentist owed a duty of care to the patient.
- The dentist breached that duty through negligence or inappropriate action.
- The breach directly caused injury or harm to the patient.
- The patient suffered damages as a result.
Common Causes of Dental Malpractice
Dental malpractice can arise from various situations, including:
- Incorrect Diagnosis: Misdiagnosing a dental condition can lead to unnecessary or improper treatment, causing harm.
- Poor Infection Control: Failing to properly sterilize tools or maintain a clean environment can lead to serious infections.
- Surgical Errors: Mistakes during oral surgeries, like extractions or root canals, can cause damage to surrounding areas.
- Improper Use of Anesthesia: Administering too much anesthesia, not monitoring a patient properly, or ignoring a patient's medical history can lead to serious complications.
- Negligent Post-Operative Care: A lack of proper instructions or follow-up care can result in complications or infections.
Common Injuries Resulting from Dental Malpractice
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Nerve Damage
Nerve damage is one of the most serious and common injuries from dental malpractice. It can result from errors during procedures like tooth extractions, dental implants, or root canals. Damage to the inferior alveolar nerve or lingual nerve can lead to numbness, tingling, or even complete loss of sensation in parts of the mouth, lips, or tongue. In severe cases, nerve damage can be permanent and may significantly affect speech, eating, and the overall quality of life. -
Infections
Dental procedures that are not performed with proper care and sterility can lead to infections. For instance, a poorly performed extraction or implant surgery can introduce bacteria into the surgical site, resulting in an infection like osteomyelitis (a bone infection) or sepsis, a life-threatening body-wide infection. Untreated dental infections can spread, causing complications that may affect the heart (endocarditis) or other vital organs. -
Tooth or Jaw Damage
Injuries to adjacent teeth are common during procedures like extractions, fillings, or crown placements. A dentist who is too forceful or uses the wrong tools can cause fractures to nearby teeth or even damage the bone structure in the jaw. Improper placement of dental implants can also result in jaw fractures, failed implants, or damage to nearby anatomical structures. -
Anesthesia Complications
Anesthesia is commonly used in dental procedures, but if not administered correctly, it can result in serious harm. Over-sedation or improper monitoring during sedation can lead to respiratory problems, brain damage, or even death. Local anesthetics can also cause allergic reactions or cardiovascular complications if not handled appropriately. -
Temporomandibular Joint (TMJ) Dysfunction
TMJ dysfunction can result from procedures that require the mouth to be open for an extended period or from improper dental work that affects the alignment of the jaw. Symptoms of TMJ issues include jaw pain, headaches, difficulty chewing, and clicking or popping sounds when opening the mouth. If dental negligence contributes to the development or exacerbation of TMJ disorder, a malpractice claim may be warranted. -
Failed Procedures and Unnecessary Treatments
Some patients may undergo unnecessary dental work due to misdiagnosis or over-treatment, leading to pain and suffering that could have been avoided. Improperly performed procedures, such as failed root canals, improperly fitted crowns or bridges, or unsuccessful orthodontic treatments, can require additional corrective procedures, financial loss, and prolonged discomfort. -
Soft Tissue Damage
Dental work that damages the soft tissues of the mouth, such as the gums, cheeks, or tongue, can lead to pain, swelling, and infections. Poor technique during extractions, fillings, or oral surgeries can cause lacerations, burns, or other injuries to these sensitive areas. In extreme cases, such damage can lead to scarring or disfigurement. -
Complications with Dental Devices
Dentists often use devices like braces, retainers, dentures, and implants. Improper fitting, manufacturing errors, or incorrect installation can lead to discomfort, speech difficulties, or injury to the mouth and jaw. Patients may suffer from poorly adjusted orthodontic appliances that cause teeth movement or discomfort, and faulty dental implants can lead to bone damage or implant failure.
Florida Legal Considerations and What to Do if You Suspect Dental Malpractice
If you believe you have been injured as a result of dental malpractice, consider taking these steps:
- Document Everything: Keep records of all treatments, appointments, and communications with the dental professional. Take photographs of injuries or damage to help support your case.
- Seek a Second Opinion: Get an evaluation from another dentist to assess the damage or missteps from the original treatment.
- Consult a Florida Legal Professional: Contact a Florida attorney experienced in dental or medical malpractice to discuss your case. They can help evaluate whether you have a valid claim and guide you through the process.
The statute of limitations for dental malpractice claims varies by state, so it is important to act quickly if you believe you have been a victim of negligent dental care. Compensation may be available for medical expenses, lost wages, pain and suffering, and other damages resulting from the malpractice.
Conclusion
Dental malpractice can lead to serious injuries, financial burdens, and significant personal suffering. While most dental professionals provide competent and careful service, mistakes and negligence can occur. Understanding the common injuries associated with dental malpractice can help patients identify potential claims and seek the justice and compensation they deserve.
Have you or someone you know been injured as a result of dental malpractice? Contact Hospital and Medical Malpractice Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at [email protected] or by text at (305) 929-8935.
