The human teeth, just like every part of the human body, are susceptible to injury. Dental injury may be a result of a disease or a fatal accident. It can also be caused by a dentist who is tasked with the responsibility of improving the dental health of a patient, but rather than doing that causes injury to the patient.
In the case of an injury caused by a dentist or a dental care service provider, the victim of the injury can sue on some grounds. The dentist can be sued for negligence or a mistake during the dental procedure, causing permanent or long-term damage to the plaintiff.
Suing a dentist for an injury can be referred to as dental malpractice, and it is related to medical malpractice. Hence, the principles that apply to medical malpractice can be employed and used during a medical malpractice case.
In a dental injury case, a plaintiff must show that the dentist failed to deliver the standard level of care expected of a medical professional and that this failure resulted in a personal injury. If this cannot be established, the case will be dismissed.
Common Dental Mistakes That Can Lead To Litigation
There are common mistakes that can lead to a dentist being sued. These can include but are not limited to;
- Failed dental implant
- Surgical errors leading to nerve damage
- Failure To Diagnose Oral disease
- Extraction of the wrong tooth/ unnecessary extraction
- Delay in treatments leading to more damage
- Failure to inform the patient of the risk associated with procedures
A dental procedure can cost as much as $50,000 or more. In cases where the patient’s insurance cannot cover such fees or the patient cannot afford funds to treat the dental injury, it’s logical to revert to court to sue for damages for an injury.
Dental Injury Cases In The United States
United States courts have seen various dental injury cases over the years. Some of these cases are dismissed, and some are settled with damages paid to the tune of millions.
This case saw one of the largest settlements of a dental injury case in the United States.
Christina Bojorquez was a patient of Dr. Thomas O’Keeffe, a dentist in North St. Louis County. She was to have a tooth prepared to accept a crown. During the procedure, O’Keeffe lacerated her tongue with a dental drill which later caused her to suffer from a voice disorder.
Bojorquez was granted $2,500,000 in damages after a five-day trial. The verdict is divided into $500,000 for past non-economic damages and $2 million for future non-economic damages.
$4.5 Million Settlement in Dental Malpractice Case in Suburban Philadelphia County
$1 Million Settlement in Dental Injury to Inferior Alveolar Nerve Case
$450,000 Verdict To Dental Malpractice Pain and Suffering Case
Role of Trial Graphics In Dental Malpractice Case
Like every other medical procedure or surgery case, trial graphics can be used in a dental injury case. Explaining a dental procedure with just words of mouth may not be enough. A plaintiff can clearly show how a dental procedure is carried out step-by-step with trial graphics. In the event of an injury happening during the procedure, trial graphics can accurately illustrate that.
If the case involves oral cancer, trial graphics can show how it spreads and grows across the teeth, leaving the plaintiff with pain in places not visible.
Using trial graphics can be the defining moment in your dental injury case. It can be used to recreate the events and circumstances leading to a dental injury in a patient.
Hence, it’s best to contact and employ the services of an experienced trial graphics company to support your claims and opinions in a dental injury case.