What is a dental malpractice?

What is a dental malpractice?

Dental malpractice articles

This type of justice refers to a specific branch of justice in which everything related to dentistry is framed. In this way, these laws will govern those cases in which patients denounce dentists for any malpractice they have committed.

Within this concept are grouped the legislation that regulates the activities of dentists, as well as the activities that can be considered malpractice. Therefore, in case you decide to denounce a dentist because the state of your dental health has worsened due to his treatments, this is the type of law involved in the whole legal process.

Before explaining when this malpractice occurs, let’s define what is considered malpractice in dentistry. At the end of the day, you must be very clear that it is just another medical malpractice. Something that is sometimes forgotten because the work of a dentist is not always conceived as that of a doctor.

Normally, malpractice is caused by diagnostic errors, failure to perform the necessary tests, etc. However, to make it clearer, we are going to give you some examples so that you can identify if they have committed malpractice with you.

What is considered dental malpractice?

A dental malpractice is considered when a healthcare professional acts negligently when he or she makes decisions that deviate from the required medical standards and this decision causes physical, moral or both damages to the patient. … It is sometimes caused by disregarding the patient’s medical history.

How to report a dentist for negligence?

How to report a dentist for malpractice

Initially, a written complaint should be submitted to the dental clinic that will perform the treatment, addressed both to the main responsible person and to the dentist who performed the service, in case they are different persons.

Read more  What are the two types of injury claims?

What to do when the dentist does a bad job?

You can find a complaint form on the dentists’ council page, and if it is decided that there was unethical performance, the College of Dentists will investigate the case and take action against the dentist who performed the misconduct.

Orthodontist negligence

In our country, the average amount spent at the dentist in 2016 was 610 euros per consumer. In the following table you can check which are the treatments with the highest expenditure. Also how it has varied with respect to 2.015.

70% of these claims are for clinical reasons. Many of the cases may be “negligence”. In addition, it should be borne in mind that these can have physical, psychological and financial consequences for the patients concerned. From a medical point of view, these can range from aggravation of the disease to permanent injuries.

With regard to the reasons, 70% are for clinical reasons, 10% for financial reasons and 8% for administrative issues. Within the clinical treatment claims, implants account for 30%. This is followed by prosthetic treatment, orthodontics, endodontics, conservative dentistry and surgery.

The first step is to contact us so that we can schedule a video call with one of our medical malpractice lawyers. We will inform you of your rights and your options for making a claim. In addition, if you decide to proceed with your claim, we will send you a personalized quote with the details of the procedure.

What happens if I don’t pay the dentist?

Well, the scenario is clear, now the question is what happens in case of non-compliance? Well, non-compliance entails an administrative infraction for both the payer and the receiver, with a penalty of 25% of the value of the total payment made.

When can a dentist be reported?

If you have caused damage to the nerve of the tongue. If you have had a tooth extracted incorrectly or if you have had one extracted without it being necessary. When you have lost a tooth because it has been badly restored. Mistakes when you get anesthesia that result in injury or even death.

Read more  Who is responsible for filing freight claims?

What is dental iatrogenesis?

ABSTRACT Introduction: Dental iatrogenies, understood as alterations in the patient’s oral health caused by the dentist, occur even among highly qualified professionals, so their prevention is necessary for a conscientious practice in an effort to reduce errors.

How to claim dental malpractice

Medical malpractice has always existed, a mistake, an oversight or a malpractice leads to a serious health problem or death. Negligence has always lived under a dark cloak, some have gone through the courts, others have gone down in history.

Dental malpractice has come to the forefront of the news due to the unfortunate cases of low cost dental clinics: iDental, Dentix or Funnydent. This has added up to hundreds of thousands of affected people with a complex short term solution.

Dental negligence is not a new issue, dentists owe their patients a duty of care, so if for any reason you suffer an injury or pain and feel that your treatment was deficient, you could be facing dental negligence and are entitled to claim compensation.

Poor professionalism can lead to different types of dental negligence. Each case has its own circumstances, although in general terms, dental malpractice can be grouped into the following three categories

Who monitors dentists in Colombia?

The National Dental Ethics Tribunal is an entity created by Law 35 of March 8, 1989 and regulated by Decree 491 of 1990, with headquarters in the capital of the Republic, with authority to hear the professional ethics disciplinary processes that arise due to the practice of dentistry in the country.

Where can a medical malpractice claim be filed?

Before resorting to legal proceedings, the first step is to report medical malpractice to the National Commission for Medical Conciliation and Arbitration (Conamed), a decentralized body of the Ministry of Health, which is in charge of receiving complaints related to health professionals and acts as mediator to …

Read more  What is SERPS check?

How long does a medical malpractice lawsuit take?

Medical malpractice claims generally must be made within two years of the date the claimant discovered, or reasonably should have discovered, the injury, whichever is later, but not later than ten years after the date of injury.

Dental malpractice examples

First of all, it must be taken into account that most of the claims received by dental clinics are for clinical reasons, and that in many cases it is possible to speak of “negligence”, although not in all cases. It should be borne in mind that these may have associated physical, psychological and economic consequences for those patients who are affected by it.

From the point of view of health, it is possible that a negligence may result in the aggravation of a disease, but also give rise to other injuries of a permanent nature. Among the claims within the field of oral health, we find that most of them go to implants, followed by prostheses, orthodontics and endodontics.

After receiving the expert’s report, the usual procedure is to file a friendly claim with the dental clinic. If no response is received or if they do not respond to the claim, it will be the time to file a lawsuit against the clinic.

The team of editors writes about legal news and developments so that they are at your fingertips.