Medical negligence and Dentistry
It is estimated that nearly seventy five percent of adults experience some amount of fear with regards to visiting a dentist. The main reason people hate going to the dentist is related to fear of pain and a sense of vulnerability and perhaps even judgment. Besides pain, there’s always the high cost of many procedures and often patients only schedule a visit when they absolutely have to.
When we book an appointment with a dental practitioner we have an expectation that we will receive professional treatment and care. But as with any other procedure, things may go wrong. So how do we know whether what we are experiencing is in fact negligence, malpractice or just a bad experience due to dental complications that lead to costly procedures?
What is Dental Negligence?
Dentistry can include various disciplines such as Prosthodontics, Orthodontics, Oral Medicine, Operative dentistry and Oral Surgery.
Dental negligence is a growing problem in South Africa and globally. Dental negligence, also known as dental malpractice occurs when a dental practitioner fails to competently perform their duties based on the professional standards provided by the Health Professions Council of South Africa (HPCSA). Negligence occurs when a practitioner’s conduct does not meet the medical standards established by law and results in unreasonable harm of a patient.
Injuries caused by negligent care could result in further damages in the form of further financial expenses, additional treatment and surgeries, implants and reconstructive surgery, chronic pain and suffering, loss of income or ability to earn an income, disfigurement, speech and eating difficulties, future health complications and diminished quality of life.
Some examples of clinical malpractice:
- Failure to provide a treatment plan or proper diagnoses: When a dental practitioner does not provide preventative or oral hygiene advice which leads to complications.
- Extraction errors: When a dental practitioner does not competently perform an extraction procedure resulting in a botched extraction that may leave the patient with an infection, damage to surrounding teeth, jaw fractures and nerve damage. Furthermore, if the practitioner extracts the incorrect tooth which may lead to further medical expenses and require implants.
- Failure to communicate accurate health reporting: Inadequate radiology or imaging provided by dental practitioner resulting in misdiagnoses of serious problems.
- Complications of an endodontic procedure (root canals): Endodontic procedures (root canals) are delicate operations.
- Anaesthesia errors: Anaesthesia is commonly used by Dental Practitioners and administering this drug incorrectly may put the patient in harm.
- Oral Infections and Nerve damage: Permanent nerve damage or oral infections caused by a dental practitioner by overly rough treatment or failure to correctly sterilize dental equipment.
What Compensation is available to you as a victim of dental malpractice?
When it comes to dental procedures, like with most medical procedures there is no guarantee that the procedure will go according to plan. A victim of dental negligence must be able to prove that complications or injuries occurred as a result of substandard care they received from the dental practitioner and that this injury led to a financial, physical or emotional loss. This needs to be substantiated by doctors’ reports, salary advices and quotes on estimated future medical expenses.
Is it worth bringing a lawsuit?
Litigation can be a long and expensive exercise. In most cases patients should consider whether the harm that they have suffered would justify the expense of taking legal action and would be in their best interest. In serious cases with permanent damage and chronic pain and suffering requiring extensive treatment, consult an attorney to discuss whether it would be beneficial for you to take legal action. As attorneys we are aware that legal action should be to the benefit of the client and we always consider the financial viability of proceeding with litigation. Should your claim be successful, you may receive a monetary award equivalent to what is deemed adequate compensation and may include cost of medical expenses, general damages (pain and suffering), loss of income, legal fees and any other relevant costs incurred due to the malpractice.
Do you need help with your personal injury claim?
If you are unsure what your rights following poor medical care, feel free to contact Paul du Plessis Attorneys at no cost to you to discuss your case. We will take you through the possible strengths and weaknesses of a case, discuss potential compensation, legal processes, timeframes and fee agreement options available.
Send us an e-mail at paul@pauldup.co.za or contact us on 012 809 1588.