Dental Malpractice

Dental Malpractice and Negligence Facts  

Good dental hygiene is important in eliminating many serious types of dental issues. It is not possible, however, to eliminate all problems, and some are serious enough to require dental surgery. Many dental practices exist in Chester County and surrounding areas, as shown on Yelp.

It is apparent that with so many in practice in the area, the residents of Chester County do care about their teeth and dental health. It is important to remember, though, that there is a differentiation between dentists and their practices. General dentists perform routine checkups, cleanings, X-rays, and even check for the first signs of mouth cancer. 

Specialty dentists include cosmetic dentists, dental surgeons, and even orthodontists and are usually recommended by family dentists when problems become apparent. Every dentist has the same Duty of Care as a medical doctor, and dental malpractice or negligence can lead to severe and lasting consequences. 

Sometimes dental surgeries and other procedures are a result of nature, as in the case of orthodontists, who straighten teeth. Other times, it is illness or injury which leads to specialty services. Medications can also cause dental problems by drying out an individual’s mouth. 

Again, this does not relieve a dentist of the Duty of Care. Dentists must be licensed through the ADA (American Dental Association), and specialty dentistry requires extra training and licensing. 

State licensing boards also vary, and just like physicians of any type, dentists must pass the state licensures to practice. Licensing can vary from state to state, and all dentists must meet all requirements. 

Any issues that go undetected by any type of dentist, or worse, procedures that are performed that cause harm, can be subject to a medical malpractice or negligence claim. 

Causes for Dental Malpractice or Negligence

Many causes can lead to a dental malpractice or negligence case. These can run concurrently and can involve both the initial practitioner or family dentist as well as the specialty dentist since it is a type of systemic negligence sometimes.  

Substandard care can range from a family dentist making a wrongful referral to a surgeon to a Doctor of Dental Surgery (DDS) performing a procedure that results in additional harm to a patient. Two main types of dental malpractice are compensable.

  • Overt acts

This is an intentional lack of Duty of Care and includes not having the proper equipment, not scheduling properly for procedures, or actually letting additional necessary training or licensing lapse. The penalties for overt acts are generally only determined in civil law. Proving this can be difficult, and usually, expert witnesses are needed. 

  • Acts of omission

These can be easier to prove. An example of this would be a surgery that is obviously “botched” or even a family dentist who, during a routine dental check-up, does not notice a suspicious-looking lump or swelling in a patient’s mouth.  Abscesses and cancers can be overlooked when acts of omission occur, and delayed treatment can have serious consequences.

3 Reasons to Initiate a Dental Malpractice/Negligence Lawsuit

1.     Tooth loss

If a condition exists and is overlooked or treatment is delayed tooth loss can occur. Losing one tooth might not be enough to question the standard of care, as dentistry is not perfect and unforeseen events happen with any intrusive procedures.

However, the loss of several teeth which will impair chewing abilities and exacerbate poor nutrition needs discussion with an attorney well-versed in this type of malpractice.

2.     Cancer misdiagnosis

This is frightening even to think of as a cancer of the mouth and gums that can spread rather rapidly to the brain and other organs and is serious enough to warrant looking into a negligence lawsuit.

Treatment for any type of cancer is more effective the sooner it is started before it has metastasized. Overlooking mouth and gum cancer can lead to serious repercussions and even death.

3.     Chronic pain

Also known as Trigeminal Neuralgia and Fothergill’s Disease, chronic pain occurs when the Trigeminal Nerve is disturbed and the myelin sheath surrounding a nerve is disrupted. This can happen in other situations besides dentistry but is quite common after mismanaged dental procedures.

The pain can be stabbing, shooting, or throbbing and disrupts daily activities since it is triggered by minor activities such as touching one’s face, or even brushing one’s teeth. Chewing is impaired many times, as is talking and speaking when this condition is severe. It is not curable. 

It can occur during routine dental procedures, cosmetic dentistry, or even routine root canals, or dental fillings. All dentists must be aware of the Trigeminal Nerves and the impacts of disturbing the precious myelin sheaths.  

Summary—Dental Malpractice and Negligence Facts

Not many individuals know that dental negligence can be considered malpractice and subject to civil filings or lawsuits. Recovery for lasting damages does occur, especially with Trigeminal Nerve damage, as the pain is lifelong and can be debilitating and severe. 

Christian J. Hoey, ESQ, the head of Hoey Legal in Paoli, PA, has won significant damages in these types of claims. Expert witnesses and a seasoned team are needed, and Mr. Hoey has put together the crackerjack team needed to win these types of cases. 

contact form exists for quick evaluation of each case, as well as an email and two phone numbers: 888-GOHOEY1 and 610-647-5151. Allow Attorney Hoey to make you smile again!

For more information on all our law services, visit us at HoeyLegal.com or call us at (610) 647-5151.

Distracted Driving

Pennsylvania defines distracted driving as “an activity that could divert a person’s attention away from the primary task of driving.” Drivers have to focus on driving, so they can react to the information on the road, such as road conditions, hazards and other drivers. Distracted drivers do not react appropriately and thus put others at risk for severe injury or death. Examples of distractions, besides using cell phones and texting, include drinking, eating, adjusting the radio, adjusting climate controls, adjusting seats, combing hair, putting on make-up, daydreaming, reaching for dropped items, engaging in heavy conversations, and focusing on events outside of the car.

Driving Under the Influence

Driving under the influence typically refers to alcohol use, but drug use can also impair drivers and cause severe car accidents.  In either situation, enjoying cocktails at happy hour, celebrating with drugs or alcohol, drinking too much wine for dinner and unwinding after a long week at work results in too many motorists driving under the influence.  Controlled substances impact each person differently, making it common for someone to misjudge his or her level of impairment.  These poor judgments can lead to severe and sometimes fatal car accidents.

Driver Fatigue

Driving without enough sleep is commonplace for many in the Commonwealth of Pennsylvania and across the nation. Truck drivers, shift workers, and those with sleep disorders are most vulnerable to causing an accident because they are drowsy or fatigued. Not having enough rest slows down reaction time and impairs the senses. In fact, the Federal Motor Carrier Safety Administration (FMCSA) claims that eighteen (18) hours without sleep impairs a driver to the same extent as someone who has a 0.08 blood or breath alcohol concentration after consuming alcohol.

Speeding

The National Highway Transportation Safety Administration (NHTSA) estimates that one-third of all car accidents involve speeding. Drivers who rush, run late, or simply lack patience may choose to speed when they get behind the wheel. Speeding makes it more likely that a driver will lose control of his or her vehicle and makes it more difficult to react to road hazards and other vehicles. Speeding also increases the impact of a car accident and makes it far less likely that a negligent driver may maintain control of his vehicle sufficient to prevent a collision. High speed car accidents make it far more likely that those involved will suffer severe injuries or death.

OBTAIN NECESSARY COURT ORDERS TO PRESERVE EVIDENCE

At HoeyLegal, we know from our litigation experience that tractor-trailer drivers often operate at least one cellular phone which is in use at, during, or immediately prior to a tractor-trailer accident. Additionally, most tractor-trailers are equipped with data recorders which capture, in real-time, important vehicle operation events including speed, hard braking and other evasive maneuvers taken by the operator and the tractor-trailer.  It is imperative that this evidence be obtained before it is destroyed.  At HoeyLegal, our trial attorneys will obtain any necessary court order to preserve this evidence for trial.

IDENTIFY ALL AT-FAULT DEFENDANTS

Oftentimes, there are several defendants responsible for the tractor-trailer accident. In most cases, at least two defendants are responsible for the ownership and operation of the tractor-trailer.  There may be additional defendants responsible for the hiring and retention of the tractor-trailer driver.  At HoeyLegal, our investigators will promptly identify the responsible defendants and immediately request the preservation of all evidence related to the hiring and retention of the driver, inspection of the vehicles and the supervision and drug/alcohol testing of the vehicle operator.

LOCATE, EXAMINE AND INSPECT THE TRACTOR-TRAILER

Our accident investigators include mechanics who will immediately respond to the accident site and the location where the truck has been impounded in order to photograph the truck and conduct necessary mechanical inspections of the vehicle. In the event that a court order is necessary to examine and inspect the trucks, HoeyLegal Attorneys will promptly file the necessary motions to enable the HoeyLegal mechanics and inspectors to conduct a prompt evaluation of the mechanical function of the at-fault tractor-trailer

ACCIDENT RECONSTRUCTION

Our expert accident investigators include former Pennsylvania State Police accident investigators and nationally recognized engineers who will carefully photograph the accident scene and conduct all necessary measurements of skid marks, yaw marks, displacement of debris and thoroughly examine the accident site to preserve all evidence for the time of trial.

INTERVIEW ALL WITNESS

Our investigators will promptly interview and record all witnesses that observed the accident and collect all biographical information from the witnesses so they will available to testify on your behalf at trial.

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