All people make mistakes. It's right and good to excuse the occasional mistake on the part of someone you know or work with -- but when a medical professional makes a mistake and it results in your injury, that's a whole other story. If your dentist makes a mistake in treating you, for example, you may suffer from ongoing pain, infection, or loss of a tooth. Here are four instances in which you might be able to sue your dentist for negligence.
1. Complications due to anesthesia
If your dentist administered anesthesia and you suffered side effects, you may be able to sue. There really should be an anesthesiologist present when general anesthesia is used, so the failure of your dentist to consult such a professional could be seen as negligence. Another factor would be if the dentist never informed you of possible anesthesia side effects before the procedure.
2. Failure to diagnose
This type of case comes up with oral cancer sometimes. If you have late-stage oral cancer, but you've seen the dentist regularly for checkups, you could sue the dentist for negligence to notice the early symptoms of cancer. The same would be true for other dental issues. If your dentist should have caught an issue earlier when it was easier to treat, but they did not, that could be classified as negligence.
3. Infections post-procedure
There is always a risk of infection post-surgery, so not all infections warrant a medical malpractice lawsuit. However, if your dentist did something to lead to your infection -- like fail to sterilize equipment -- you could have a lawsuit on your hands. To win such a case, keep in mind that you will need to prove that you did everything you could, such as rinsing your mouth and avoiding certain foods, to prevent an infection.
4. Failed fillings
Sometimes fillings fail because the cavity is really bad and the dentist is simply trying their best to save the tooth. However, if the cavity was small and minor, and the filling still failed prematurely and allowed for more decay, you could have a malpractice case. You would have to show that the dentist did not correctly follow the filling procedure.
Any of the lawsuits discussed above can be an uphill battle, but hiring the right lawyer can help. For more information about the process, speak with someone at a medical malpractice law firm.
