Dental Malpractice: Common Cases and How to Act
Introduction
As an essential branch of medicine, dentistry demands high standards of quality and responsibility to ensure patients' oral health. However, situations of medical negligence can sometimes occur within the dental field. Understanding the most common cases, how to identify them, and how to act is key for both patient protection and the continuous improvement of the sector.
What is Dental Malpractice?
Dental malpractice occurs when a dental professional deviates from the accepted standards of professional conduct, according to the lex artis ad hoc, causing harm to the patient. It can occur both by action (poorly performed procedures) and omission (lack of diagnosis, follow-up, or information).
Key Elements:
- Existence of guilt or professional incompetence.
- Damage or harm caused to the patient.
- Direct relationship between the damage and the professional's action or omission.
Common Cases of Dental Malpractice
1. Late or Incorrect Diagnosis
Failure to diagnose early in diseases such as advanced cavities, infections, fractures, or oral cancer can lead to irreversible damage.
2. Poorly Executed or Unnecessary Treatments
- Unjustified extractions.
- Poorly placed dental implants.
- Incorrect fillings or root canals.
- Damage to healthy teeth.
3. Lack of Informed Consent
Failing to inform the patient about procedures, risks, or alternatives, or not having explicit consent, constitutes a serious legal and ethical violation.
4. Infections Due to Poor Sterilization
Using contaminated instruments can cause severe infections, such as hepatitis or HIV, resulting from a lack of correct hygiene measures.
5. Poorly Managed Adverse Reactions
Errors in prescribing medications or anesthesia, without considering the patient's history or allergies, constitutes negligent behavior that can have fatal consequences.
6. Damage to Oral Structures
Fracture of jaws, damage to facial nerves, or gum injuries can occur during complicated extractions, poorly executed surgeries, or unnecessary use of force.
How to Act in Case of Dental Negligence
1. Request Clinical Documentation
Request your entire medical record, X-rays, and reports. It is your right and the fundamental basis for any claim.
2. Consult a Dental Expert
An expert will review if malpractice occurred by evaluating the treatment performed in comparison to current standards.
3. Consult with a Specialist Lawyer
The professional will indicate whether to file a complaint through the civil, criminal, or administrative route before the health authorities of your Autonomous Community.
4. File a Complaint or Claim
- Administrative route: Before the regional Health Department, mainly in cases of practices in public centers.
- Civil or criminal route: In the most severe cases, personal injuries, or significant economic damage.
5. Gather Evidence
Collect reports, photographs, testimonies from other professionals, invoices, and any relevant documents to support your version.
Tips to Prevent Dental Malpractice
- Visit licensed clinics and registered dentists.
- Always demand informed, signed, and detailed consent.
- Consult and ask questions about any doubts during treatment.
- Maintain regular check-ups and follow-ups.
Conclusion
While dental malpractice is not common, it can have serious and irreversible consequences for the patient's health. Knowing frequent cases and how to act ensures the protection of your rights and promotes greater safety and professionalism in clinics. If you suspect being a victim, act quickly, document as much as possible, and seek expert advice. This way, you contribute to more ethical, safe, and competent dentistry.
References and Sources
- Medical Negligence - Wikipedia
- Updated information as of June 2024 from specialized healthcare law portals.
- Advice from dental associations and official dental bodies in Spain.
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