Dental malpractice is a type of medical malpractice in which a dental care provider breaches accepted standards of care and jeopardizes the health of a patient. If you've been injured by substandard dental care, it's important to understand what qualifies as malpractice and what your legal options might be. Below, this serious facet of medical malpractice is discussed in more detail.

What It Is

To qualify as dental malpractice, the treatment a victim receives must not only be subpar in nature, but it also must have resulted in significant personal injury. In other words, lackluster treatment alone is not enough to be considered dental malpractice. You must have injuries stemming directly from improper care.

Components

Any medical malpractice claim has four components. In the first, there must be an established provider-patient relationship; in a dental scenario, this could be a dentist-patient, dental hygienist-patient, or oral surgeon-patient relationship. Second, there needs to be an established, accepted level of care. Third, that level of care needs to have been violated in some way. Finally, the violation must have been the cause of the patient's injuries.

Examples

There are several different breaches of care that might qualify as dental malpractice. Some examples include:

• A misdiagnosis or delayed diagnosis of a serious oral health issue, such as mouth cancer
• A failure to identify or treat a complication of an oral health procedure, such as an infection after having a tooth removed
• A failure to extract a tooth properly, resulting in damage to the nerves, gums, or surrounding teeth
• An error in prescribing medications, such as prescribing a drug the patient is known to be allergic to or a drug known to interact adversely with another medication the patient is currently taking
• An error in administering anesthesia

Legal Options

If your situation meets the definition of dental malpractice, you may be able to file a claim against the provider. In Ohio, you need an affidavit of merit from another health care provider stating that the dental professional in question violated established standards of care. Also, secure as much evidence of your injury as possible, such as copies of medical records and photographs of the injury. An attorney will guide you through the filing process, negotiate with other parties involved in the claim, and aim to get you the most beneficial settlement possible. If the case goes to court, an attorney will be your advocate and ensure your case is strong and compelling to judges or juries.

The personal injury lawyers at Ibold & O'Brien have been representing dental and medical malpractice cases since 1980. Serving Geauga, Lake, Ashtabula, and Cuyahoga Counties in Northeast Ohio, they provide legal services in a variety of different practice areas, including accidents and injuries, criminal defense, and estate planning and probate. Call (440) 285-3511 or visit their website to schedule a consultation.