Dental Malpractice

Ways to Deal with a Bad Dentist

Introduction

The majority of Americans are satisfied with their dentists but, on occasion, a dental service may be performed in a substandard way or treatment was given when it was not justified by the patient's oral health. While many people in this situation feel that they have no means of remedy, the reality is that there are steps that can be taken to correct the error and possibly recover money lost on poor dental care.

Step One: Collect Your Documentation and Notes

Before anything else, you should collect all the information you have concerning the dental treatment that you believe was substandard or resulted in injury. This information would include a record of the dental bill, copayment receipt, and any other record of the visit such as an appointment card. You should also write down notes that:

• Describe the procedure or care you received
• Outline why the dental service was recommended or justified by the dentist
• Document the condition of your mouth and/or teeth prior to the visit
• Document the condition of your mouth and/or teeth after the visit

Step Two: Discuss the Issue with Your Dentist

It may seem counterintuitive but the next step in addressing your issue is talking with your dentist. It's best to bring your notes and documentation so your points are organized into a clear and coherent presentation.

Don't put off the discussion with your dentist. If you find yourself in a position where you want to pursue a professional complaint, do not delay. Putting off a legal claim may leave you outside the allowable time period to receive damages or file a grievance.

The discussion with your dentist may have one of several results such as:

• An offer to fix the problem
• An explanation of how the issue does not represent a dental error
• A return of money spent on the procedure

With regard to the above, you should consider the following.

• An offer by a dentist to fix a problem he or she created is a bad idea if the problem is a result of substandard work
• A dentist’s claim that the problem was not a dental error should be confirmed by a third party dentist
• A return of money spent on the procedure is not the best solution if it involves a legal agreement that frees the dentist from any financial obligations related to the remedy of the problem caused by the dentist

If you believe the discussion is unsuccessful, it’s time for a little research to help you decide if you have a valid malpractice claim. Usually dental malpractice involves one or more of the following:

• Misdiagnosis (including failure to diagnose)
• Failure to provide the standard of care dictated for an oral health condition
• Deviation from the standard of care dictated for an oral health condition
• Injury resulting from dental care

You can research the dental service you received online and determine whether your situation satisfies one or more of the conditions listed above. If you believe it does, you can 1) file a formal complaint against the dentist, and 2) pursue legal action against the dentist.

Step Three: File a Formal Complaint

Your state dental society has a process for filing a complaint against a dentist and requesting a peer review of that complaint. Normally you can find your state's dental society online by searching your state's name plus the phrase "dental association" (e.g. California Dental Association, North Carolina Dental Association).

You can also explore whether your state government's Department of Insurance or state dental board has their own process for filing dental complaints.

Step Four: Decide If You Need to Talk to a Lawye

If the injury you suffered from a dentist's care caused considerable ongoing problems (e.g. pain, permanent tooth damage, problems eating) or will cost thousands upon thousands to remedy, you should consider consulting a lawyer. A lawyer specializing in dental malpractice can discuss whether your dental experience qualifies as malpractice and whether it is likely that you would prevail in a lawsuit seeking damages related to the malpractice. Damages may exceed the roginal dental bills and bills to repair injury from malpractice but also include lost wages and compensation for suffering resulting from malpractice. However, you should also be aware that there is always a chance you will lose a legal action and lawyers can be quite expensive.

Many lawyers will offer to take your case even if they have no experience with this type of litigation. When choosing a lawyer, look for prior experience in dental malpractice cases  (or at least medical malpractice) as well as personal recommendations from people you trust.

Step Five: Change Dentists

It goes without saying that you should not continue patronizing a dentist with whom you've had a serious problem. If your insurance plan's network only has this dentist locally, consider switching dental plans with a wider network of dental professionals from which to choose. To see options available in your region, go to our home page and compare dental insurance plans. You may benefit also from our guidance on how to pick a dentist.