Dental Malpractice in Missouri
No one expects to be mistreated, especially not in a medical setting. Patients turn to doctors and dentists for trusted and competent care, often already feeling vulnerable. Therefore, when negligence occurs in these environments, the impact is huge. After a dental malpractice incident, victims are left with physical injuries and often a deep mistrust that prevents them from seeking necessary dental care in the future. If you have been personally affected by dental malpractice in Missouri, contact our experienced team of attorneys today. Wallentine Injury Law can offer help when you feel betrayed by the professionals you trusted most.
What is Dental Malpractice?
Dental malpractice falls under a broader area of personal injury law called medical malpractice. Dental malpractice occurs when a dentist commits negligence against a patient, causing harm to them. Dentists can fail to meet the acceptable standard of care in several areas, such as diagnosis, treatment, and procedures. In some cases, it stems from a lack of dental action that could have prevented harm to the patient. Common examples of dental malpractice include:
- Improper tooth extraction
- Failure to diagnose the dental problem
- Misdiagnosing the dental problem
- Delayed diagnosis
- Misusing dental equipment
- Misusing anesthesia or medicine
- Unnecessary dental work
- Failure to treat the condition promptly
- Refusal to treat the condition
- Failure to consider past medical history
- Poorly executed treatment/procedures
- Failure to follow proper guidelines and procedures
Negligence in dental care can lead to serious complications, some treatable by dental professionals, others requiring more extensive medical intervention. Dental malpractice is a serious matter and should never be taken lightly. If you believe you’ve suffered harm due to negligent dental care, contact our team today.
What are the Common Sources of Dental Malpractice?
While dental malpractice can happen during even the most routine procedure, it is more associated with complex dental practices that require precision and attention to detail. These are often the procedures patients fear most, procedures that are lengthy, technically demanding, and sometimes painful. Unfortunately, greater complexity often invites a higher risk of injury. Some common sources of dental malpractice include:
- Root canals- A type of dental procedure that seeks to remove infected pulp inside a tooth and replace it with a rubber-like material. Root canals are uncomfortable even when performed properly, so when they are improperly performed, the damage is significant. Poorly performed root canals can result in infection, nerve damage, and loss of the tooth.
- Crowns- Following a root canal procedure, dentists typically require patients to get a crown or cap placed on the tooth. The crown is put in place to protect the tooth, which can become weak and brittle after a root canal. When a crown is placed improperly or fitted incorrectly, food can get stuck in small areas, leading to further infections or cavities.
- Wrong tooth- Obvious negligence occurs when a dentist operates on the wrong tooth. They may perform a filling, root canal, or even pull a tooth that was otherwise a perfectly healthy tooth. This kind of error can lead to further issues with the healthy tooth, and it leaves the original problem tooth untreated.
- Implants- Dental implants are on the rise, and so are the malpractice allegations with them. Because dental implants involve complicated procedures, such as drilling into the jawbone, the risk is increased.
- Tooth extractions- Although tooth extractions are a more common dental practice in today’s dental industry, they can still lead to major damage when done improperly. The jawbone can be broken if too much force is used, and infection is always an associated risk.
These dental procedures and more can be common sources of dental malpractice in Missouri. However, it’s not just the procedures themselves that lead to negligence; factors affecting the dentist personally can also play a significant role. An understaffed and overbooked office may pressure a dentist to rush through appointments, increasing the risk of mistakes. Sleep deprivation and a lack of competence to complete certain procedures are further sources of substandard dental care that can lead to patient harm.
What Does Missouri do to Prevent Dental Malpractice?
As with most states in the US, Missouri has strict medical guidelines for practicing doctors and dentists to follow, ensuring the health and safety of their patients. Specifically, Missouri has the Missouri Dental Association, which aims to enhance and protect dental practices across the state. More significantly, the Missouri Dental Board ensures practicing dentists act per the Dental Practice Act. Chapter 332 of the Revised Statutes of Missouri wholly covers dentistry within the state, including:
- 332.011– General dentistry definitions
- 332.191– Dentist licensing and contents
- 332.362– Dentists to have sedation or anesthesia permits
For a complete list of the revised statutes regarding dentistry in Missouri, visit the Revisor of Missouri. Missouri has a statute of limitations of 2 years and a statute of repose of 10 years for medical malpractice. This means you have two years to file a claim after the incident and an absolute deadline of 10 years. While certain exceptions may extend the statute of limitations due to delayed discovery of medical complications, it is still crucial to contact an attorney as soon as possible. Taking prompt action ensures that your legal rights are protected and that your case can move forward without unnecessary delays.
How can Hiring an Attorney Help with Dental Malpractice?
Like all medical malpractice claims, dental malpractice cases are complex and must be approached with precision and care. Working with an experienced attorney ensures your case is properly investigated and pursued. An attorney can aid in the following of a dental malpractice case:
- Proving a breach of care- To pursue a successful dental malpractice claim, there must be clear evidence of a breach in the duty of care owed by the dentist to the patient. Once a professional relationship is established, the dentist is legally obligated to meet accepted standards of care. Proving malpractice requires documentation, such as dental records, treatment plans, and timelines, that connects the patient’s injury to the dentist’s failure to uphold those standards.
- Understanding Missouri rules and statutes- Our attorneys have the experience and knowledge necessary to understand the complex rulings related to dentistry in the state of Missouri. A thorough understanding of these statutes—and others that may apply—is essential for gathering the right evidence and building a strong case, especially if the matter proceeds to trial.
- Getting the compensation you deserve- Although most dental malpractice cases settle before trial, our team will exhaust all resources necessary to ensure you receive full compensation. We understand the serious impact substandard dental care can have on your health and overall well-being; therefore, we will support and guide you to maximum compensation.
Our experience handling the various aspects of dental malpractice cases extends well beyond the examples discussed here. At Wallentine Injury Law, we’re prepared to help you get the care you need and guide you through every step of the legal process. Let our team be your trusted advocates on the path to recovery after a dental malpractice injury. Call us today at (913)-934-6333 or contact us online to learn how we can support you.
