In 2022, the New York Attorney General reached an agreement worth more than $753,000 with a pediatric dentistry group that was caught performing and billing for medically unnecessary pediatric root canals.
Unfortunately, cases of dentists performing invasive procedures like the ones mentioned above on children just to line their pockets is not an example of an isolated incident.
In fact, cases of medically unnecessary dental procedures can be seen among people of all ages; however, children and senior citizens are the most common targets. Learning more about this and signs that you were a victim can help you know your rights and act to ensure others do not experience the same thing.
Dental malpractice defined
Dental malpractice is negligence caused by one of the following things:
- Intentional misconduct by a dentist
- Failure to diagnose or treat hazardous dental conditions
- Delayed diagnosis or treatment or oral disease
- Negligent dental work
Cases of medically unnecessary procedures, like the ones mentioned above, would fall under negligent dental work.
Proving your malpractice claim
To succeed with a dental malpractice claim, you must prove that the dentist failed to meet the acceptable standard of care or that they intentionally committed a procedure or act that others in the same position would not. It is also necessary to show that the negligence or incompetence of the dentist led to an injury.
Just being unsatisfied with their services does not mean the dentist is guilty of malpractice.
Protecting your rights
You trust your dentist to provide you with the necessary care and treatment. You may have grounds to file a dental malpractice claim if they do not provide this. It is smart to learn your legal rights and options to know how to proceed.