Definition

Malpractice is defined as the inadequate, negligent or incorrect work of a medical provider and dental malpractice, specifically, refers to negligence while performing dental work. This could include failure to diagnose or treat a condition, misdiagnosis or other forms of misconduct.

Common malpractice

Most dental procedures are performed in-office and most malpractice cases can become evident during a routine appointment. This may include delaying or neglecting to diagnose a condition, providing incorrect treatment for a condition or injuring a patient's teeth, gums or mouth due to improper use of equipment.

Statute of limitations

Occasionally, a dental malpractice case will not be obvious until time has passed. Evidence may include infection, numbness due to nerve damage, or a misalignment resulting from an incorrect procedure. Each state has its own rules regarding malpractice statute of limitations and patients should be aware of the rules in his or her state so that the claim does not become ineligible.

Lawsuits

In most cases, patients must prove that the dentist acted incompetently in order to win a dental malpractice suit. This negligence must cause damage to the patient in some way. Testimony from an expert witness is almost always required to win a dental malpractice case.

Refusing treatment

A dentist can also be vulnerable to a malpractice suit if the patient has been refused treatment on the basis of his or her race or religion. Dentists can legally refuse treatment for other reasons, but once a patient has been taken under a dentist's care, he or she must continue treatment regardless of race or religion.

Source:

American Dental Association

Meehan Law

Online Lawyer Source