Reviewed by Paul E. Walker

Dentists are trusted medical professionals, and when we visit them, we expect they will hold our dental health to the same standard as they would if they were treating a family member or were themselves being treated. Fortunately, this is generally the case, and dentists are responsible for keeping patients healthy and their smiles clean all across the country. However, sometimes dentists are negligent, and when they are, patients can be seriously injured as a result. If you are being accused of medical malpractice, you cannot afford to wait to speak with an attorney. If you are accused of medical malpractice, here are some of the questions you may have:

What Is Medical Malpractice?

Not every mistake a medical professional makes is technically due to negligence. Sometimes a dentist will simply make an informed decision, and the patient did not respond positively, as others have in the past.

Malpractice is a civil matter, rather than a criminal charge, so you will not be convicted. For a patient to win a malpractice case against you, a patient must prove that he or she was, in fact, your patient and that you, therefore, owed him or her a duty of care. A patient must also prove that you deviated from the accepted standard of care, causing him or her to become injured as a result. From there, a patient must prove that those injuries have a significant impact on his or her life. An experienced attorney can help stave off the charges and allow you to continue your practice.

What Are Some of the Most Common Injuries Sustained Following an Incident of Dental Malpractice?

  • Infections stemming from various unsanitary or incorrect treatment practices. These infections can lead to brain abscesses, cardiac complications, and blood poisoning. When patients suffer from severe dental infections, they may require hospitalization or surgical intervention.
  • Patients injured as a result of a dentist’s failure to diagnose or treat certain diseases of the mouth
  • Sinus and nerve damage from certain endodontic procedures
  • Wrongful death due to improperly administered anesthesia

How Does a Malpractice Lawsuit Work?

A malpractice lawsuit and disciplinary case are two different matters. The lawsuit runs through the courts, while the Office of Professional Discipline (OPD) handles professional misconduct for dentists in accordance with Education Law § 6509. The same facts can produce both a lawsuit and disciplinary case. Additionally, an OPD investigation may end anywhere from discipline up to the revocation of your license.

Do not let this happen. Hire an experienced and aggressive attorney to ensure you have someone fighting for your practice.

How Is the Standard of Care Measured?

Ultimately, the question is not whether or not the outcome of the care provided was good, but whether a reasonably competent dentist would have taken the same steps in the same situation. This is typically established through:

  • Clinical guidelines
  • Treatment records and chart notes
  • Imaging
  • Expert testimony

The type of procedure, its known risks, and the patient’s medical history will all be taken into consideration. Because so much is dependent on your record, involving a defense lawyer early is critical.

What Is the Filing Deadline in New York?

In accordance with CPLR § 214-a, a patient typically has two years and six months from the act the complaint is based on, or following the end of continuous treatment for the same condition, to file a malpractice claim. However, there are some exceptions that extend the window to file:

  • A foreign object left in the body, which runs from the date on which the object was or reasonably should have been discovered
  • Continuous treatment, which results in the delay of the start of the clock
  • Certain delayed cancer diagnoses, which may run from when the patient discovered the condition

It is important to understand that timing runs both ways; you should inform your malpractice carrier as soon as possible, as late notice may jeopardize your coverage. Additionally, records and witness memories may fade.

What to Do When You Receive Notice

  • Never alter, recreate, or backdate a record. That turns a defensible case into an indefensible one.
  • Build a factual timeline supported by the documents you already have.
  • Gather the clinical notes, imaging, consent forms, referral records, and communications with the patient.
  • Notify your insurer.
  • Do not discuss the case publicly, including with staff who were not involved.

If OPD asks for records, expect requests for patient charts, treatment notes, imaging, your own statement, and accounts from anyone else present.

Contact Our Experienced New York Professional Defense Firm

When a medical professional is accused of misconduct, it is essential that they retain strong legal representation. If you require a medical law attorney for your legal matters, call Paul E. Walker, an experienced New York City OPMC & OPD Lawyer. Please contact the Walker Medical Law firm to set up a free initial consultation. It may save your practice.