Common Malpractice Cases: Oral Surgery | Legal help resource for people affected by dental & medical malpractice.
There are many reasons why a person might require oral surgery. Whether teeth are rotting and must be pulled or an injury causes teeth to be knocked out, oral surgery is often used to correct different problems. As with all doctor’s oral surgeons are required to fully explain the risks associated with the surgery. They should obtain a patient’s informed consent before beginning treatment. They do this because they are absolutely held responsible should their surgery result in permanent injury.
Oral Surgeries
Potential oral surgeries include extracting wisdom teeth, root canals and dental implants. All of these procedures require the careful use of anesthesia and carry the risk of infection afterwards. They are also all painful surgeries that will leave all patients feeling some degree of discomfort afterwards. Patients can not sue based strictly on the level of temporary pain and discomfort that they feel after the surgery. However, patients can sue for other reasons.
- Nerve damage – When the nerves are damaged, the resulting loss of sensation or constant pain can last for a lifetime.
- Facial numbness, tingling or loss of sensation – Nerve related problems with the face can also be long-lasting and will have a profound impact on overall quality of life.
- Tooth loss – There’s nothing like your natural teeth, and once they are gone they can not be replaced. If the dentist pulls teeth that didn’t need to be removed then you may be filing a lawsuit.
- Death – Even in the chair of a dentist, death can result if mistakes are made. While this is the most significant dental mistake, and the rarest, it’s also the one of greatest concern.
Duty of Care
All dentists and other doctors are expected to provide a certain level of care. There are guidelines that must be followed and there are certain standards that must be met on a regular basis. If you are attempting to sue for dental malpractice, you will have to prove certain thing.
You will have to prove that there was a relationship with your doctor and that you expected a certain level of care as a result of that relationship. You must prove that the dentist failed to deliver that level of care. You must prove that there was an actual injury and you must prove that the breach of care on the dentists’ behalf was a direct cause of the resulting injuries.