Dentists can make mistakes just like any other doctor. This is called dental malpractice, which falls under the greater category of medical malpractice. Unlike regular medical malpractice, though, dental malpractice is harder to make a case for. When it comes to dental malpractice, a victim must prove that an injury was not only caused by the dentist failing to meet the medical standard of care, but also from mistakes caused by negligence.
In order to prove dental malpractice, a victim needs to establish duty, breach, causation, and damages in their case. Dental standards of care are regulated by the FDA, as stated in a Department of Health & Human Services report, which are considered a dentist’s duty. If the dentist or hygienist breaks those standards, they are considered to have breached their duty.
Causation is one of the most important factors in backing your case, which is proving the dentist or hygienist caused your injury, or damages. And any damages must be worse than just temporary pain and discomfort. Your injuries need to be on the more serious end in order to have a strong dental malpractice case. Because of these regulations, there aren’t as many instances of dental malpractice as you might think.