Dental Malpractice and the Standard of Care

Every dentist has inevitably come into contact with the phrase “dental malpractice.” And for practicing professionals, it likely arouses sentiments of fear and anxiety. But what does it mean exactly?

Like other medical professionals, dentists are required to exercise care and skill in treating their patients. “Reasonable care and skill” means that care and skill is employed by other dentists under like circumstances and conditions. Generally, this varies from state to state.

Dental malpractice occurs when a dentist’s conduct falls below this standard of reasonable care. For example, extracting the wrong teeth, leaving numbness in the mouth, and failing to diagnose gum disease have been found to constitute dental malpractice in certain Georgia cases. The good news is that dentists are presumed to have performed their services with due care, and it is the burden of the Plaintiff to prove otherwise.

Dentists are not insurers or warrantors of their services; they do not guarantee the results of their treatment. The fact that the result of the treatment is not what was expected or desired is not sufficient to establish a lack of due care, skill, or diligence on the part the dentist.

Alleged negligence is only one element of a dental malpractice action. In addition, the existence of a dentist-patient duty and that the alleged negligence proximity caused the injury all must be proven. If you are confronted by a claim of alleged malpractice be sure to seek skilled and competent legal representation soon rather than later.

By: M. Laughlin Kane