Good dental hygiene is crucial to our appearance and general health, making the impact of dental malpractice all the more devastating. But dental malpractice receives little public attention compared to other types of medical malpractice. The public needs to be aware that, as with any medical procedure, malpractice can and does occur at the dentist’s office as well.
Dental Malpractice Statistics
According to the Journal of the American Dental Association, malpractice is more common among certain types of dental procedures requiring more complicated processes or intensive surgeries. Consequently, dentists may be more prone to make mistakes during these treatments in comparison to other, more simple procedures.
For example, dental malpractice is the most common in the field of dentistry called Prosthodontics, comprising 28 percent of all dental malpractice claims. Prosthodontics involves tooth replacement, typically requiring some type of tooth extraction. Prosthodontic treatments may include dentures and bridges, since dentists working in this field deal with some of the consequences of missing teeth, making it a little more difficult to treat patients.
Seventeen percent of all dental malpractice claims involve the practice of Endodontics, a type of dentistry which works inside teeth, dealing with the pulp and root of the tooth. The field of Endodontics includes root canal procedures, which are particularly painful and affect the nerves.
Restorative dentistry procedures involve veneers, fillings, and similar treatments that deal with the damage problems that cavities can cause. This dental field accounts for 16 percent of call dental malpractice claims.
The legal requirements for proving a medical malpractice case arising out of a dental procedure are, for the most part, the same as those in any medical malpractice case against a health care provider. In order to prove a dental malpractice lawsuit, a patient must prove three basic elements:
- dentist-patient relationship
- negligence, and
- harm caused by the negligence
Dental negligence occurs when a dentist fails to provide the quality of care that other reasonably competent dentists would have provided under similar circumstances.
Dental Malpractice Lawsuit Funding
Victims of dental malpractice may be compensated for their medical bills, lost wages, and any mental and/or physical pain and suffering caused by their dentist’s negligence. However, it will likely take at least a year before a plaintiff receives his/her proceeds from the case. Pre-settlement cash advances are available to plaintiffs with strong cases in exchange for a financial interest in their case. Dental malpractice lawsuit funding can make life easier for plaintiffs waiting for their rightfully deserved compensation.
Case Funding Inc. is a New York based specialty finance company and industry leader in providing litigation funding solutions to attorneys and law firms. Pre-settlement and post-settlement working capital loans enable attorneys to; invest in their cases in the form of expert witnesses, pay operating expenses and marketing costs and better manage cash flow. For a free confidential consultation, please contact us at 800-543-4043 or fill out our secure contact form.