As a dentist, you understand the trust that your patients place in you and the care you take to ensure that you meet the standards of care expected of you. That is why learning that you have been accused of malpractice can be incredibly overwhelming and stressful. If this reflects your circumstances, the following blog explores what you should know about these accusations and the importance of competent and prompt legal advice from an experienced New York health care professional defense lawyers to guide you through these difficult times.
Understanding Dental and Medical Malpractice
Just as nurses, surgeons, and other medical doctors are held to a legal standard of care, dentists in New York City must also ensure that they meet this standard. If a patient alleges malpractice, they must show how the provider deviated from the standard of care. These claims can impact not only a provider’s reputation but also their ability to practice dentistry. As such, these claims are taken very seriously.
What Does Malpractice Mean in New York?
Medical malpractice is defined as a medical professional not providing their patient with the standard of care that they are required to. Medical malpractice is proven when a medical professional is negligent when treating a patient. Like any other medical profession, it is possible for dentists to commit medical malpractice, causing the patient to incur significant damage from the harm done by the dentist. Oftentimes, dentists are charged with malpractice when errors caused by negligence lead to side effects, including brain abscesses, blood poisoning, and wrongful death.
How the Standard of Care Is Evaluated
In general, when a malpractice claim is raised against a dentist, the standard of care will be based on what a reasonably competent dentist would do if placed in the same situation. This is typically determined through:
- Clinical guidelines
- Treatment records
- Imaging
- Expert testimony
It’s also important to understand that the type of procedure, the risks associated with this type of care, and the patient’s medical history will also be factored in when determining whether or not the provider deviated. Connecting with a competent New York City healthcare defense attorney early can assist you in gathering the necessary evidence to help show that you met this standard of care.
Common Allegations in Dental Malpractice Claims
It’s important to understand that, while not all procedures will have the desired outcome, this does not constitute negligence on behalf of the provider. Instead, malpractice claims against dentists typically arise from procedural issues, delayed diagnoses, a lack of post-treatment care, and anesthesia issues.
Procedural and Treatment-Related Allegations
- Performing the wrong procedure
- Performing a procedure on the wrong tooth
- Improper surgical technique
- Inadequate crown, implant, or bridge placement
- Poor cosmetic results
Failure to Diagnose or Delayed Diagnosis
- Failure to detect an infection or abscess
- Failure to identify the warning signs of oral cancer
- Incorrect interpretation of imaging results
- Delay in referral to a specialist
Anesthesia and Medication-Related Complications
- Improper administration of anesthetics
- Failure to monitor a patient during the procedure
- Adverse reactions to medications
- Failure to review the patient’s medical history
Post-Procedure & Systemic Complications
- Inadequate hygiene and sterilization lead to infection
- Damage to the nerves or sinuses
- Sepsis
- Brain abscess
- Cardiac complications
- Wrongful death
New York Regulatory Oversight: What Happens After a Complaint?
It’s important to understand that allegations of dental malpractice will not only result in a civil lawsuit filed by the patient, but also an investigation. The OPD or OPMC, who are responsible for determining whether or not a provider has deviated from the legal standard of care, reserve the right to revoke a license, even if your civil case is ongoing.
The Role of the Office of Professional Discipline (OPD)
If you have been accused of malpractice as a dentist, you will first be investigated by the Office of Professional Discipline (OPD). The OPD will investigate to see if the allegations are true and will call the dentist’s career into question. As such, the OPD may request:
- Patient records
- Treatment notes
- Imaging results
- Provider statements
- Witness accounts
Potential Outcomes of an OPD Investigation
Once the OPD conducts its investigation, there are a number of potential outcomes you may face based on the circumstances of the case.
- Advisory warning
- Professional reprimand
- Probation conditions
- Suspension or revocation of your license
When OPMC May Become Involved
While the OPMC primarily oversees physicians and medical conduct, it can intersect in multidisciplinary treatment environments. The OPMC primarily focuses on safety and patient care standards.
New York Malpractice Lawsuits & Statute of Limitations
Malpractice lawsuits are governed by strict filing deadlines. As such, missing a deadline will result in the case being unable to proceed, regardless of how severe the injuries are. As such, dentists must understand this statute of limitations to seek prompt legal guidance, as well as the potential situations in which exceptions to these deadlines may apply.
Standard Filing Deadline
In New York, a patient who wishes to file a claim against a dentist must do so within 2 years and 6 months from the date of the alleged malpractice OR the date of their last treatment for the same condition.
Limited Exception Scenarios
In some instances, there may be exceptions to this filing deadline. This includes:
- Discovery of a foreign object
- The continuous treatment doctrine
- Certain delayed-diagnosis cancer cases
Why Timing is So Important for New York City Dentists
The timing of a case is critical for a number of reasons:
- Insurance companies must be promptly notified
- The accuracy of documentation becomes critical
- Delays may complicate witness testimony or expert input
What NYC Dentists Should Do if They Receive a Malpractice Notice
When you receive a notice of malpractice or an OPD inquiry, it can be incredibly concerning. However, taking the time to respond appropriately from the beginning can have a considerable impact on the outcome of your case.
Immediate Steps to Take
- Do not try to modify or recreate documents
- Establish a factual timeline with supporting documents
- Gather evidence like:
- Clinical notes
- Imaging results
- Consent forms
- Referral records
- Communications
- Avoid public discussions of the case
Contact Our Experienced New York City Firm
When a dental professional is accused of misconduct, they must 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.
