Dentistry is one of the last professions which lacks external oversight. In other words, dentistry in Georgia, for example, remains a profession where clinical exams (office visits), diagnostic testing (x-rays and cone beam CT scans), diagnosis, treatment plans and the actual treatment are all done by the dentist, as opposed to professionals outside the office. This shelters the dentist from external oversight by experts who are not affiliated with the dentist. Common sense dictates here: lack of external oversight leads to no way of knowing whether the root canals, extractions, dental implants, etc. are actually needed, let alone whether they are being performed within the standard of care. To compound this problem, when dental complications arise, the patient almost always returns to the dentist who performed the original procedure. Many times, when the procedure has caused an injury (such as a nerve injury), this leads to a failure to refer claim along with a dental malpractice lawsuit. Other times, dentists may perform procedures that are not warranted.
Example 1: Current American Dental Association guidelines require that x-rays only be taken after a dental exam is performed by the dentist and there is suspected dental issue that warrants x-rays to further explore the condition. Anyone who regularly goes to the dentist know that this guideline is almost never followed. In other words, x-rays are taken as a matter of course before the dentist even comes into the room.
Example: An oral surgeon performed a dental procedure on a patient which resulted in the patient suffering a fractured jaw and subsequent nerve injury. After experiencing pain and numbness, the patient returned to the oral surgeon (the one that broke her jaw during a botched extraction) only to be assured that “this is normal, healing takes time, and we will put you on some antibiotics and pain medications and keep on eye on it.” Never was the patient told that her jaw was broken (which was evident by the x-rays taken by the oral surgeon immediately after the extraction was completed). This is a typical example of a lack of oversight contributing to a coverup by the dentist that caused the injury in the first place. The patient wound up suing the oral surgeon and his dental practice for professional negligence, claiming by vicarious liability. The case went to trial twice. The first trial resulted in a verdict for the dentist but a new trial was granted. The second trial resulted in a significant verdict for the plaintiff.
The trials were in Fulton County State Court. Following the trial, attorneys fees were awarded to plaintiff for causing plaintiff unnecessary trouble and for the defendants stubbornly litigious conduct. The defendants moved for a new trial and this motion was denied in the Fulton County proceeding. While attorneys’ fees are not awarded in most cases in Georgia, this is an example of dental malpractice resulting in a severe injury and being compounded by stubbornly litigious behavior on behalf of the defendant dentist resulting in the awarding of attorney fees to the Plaintiff under Georgia code section OCGA 13-6-11.
Robert J. Fleming is a partner in the law firm of Katz & Fleming, LLC in Atlanta, Georgia and Decatur, Georgia. He is a personal injury attorney who has been handling wrongful death, medical malpractice and dental malpractice cases for individuals and families who have been severely injured or died as a result of negligence since 1995. He practices in the Atlanta area including the city of Decatur, Fulton, DeKalb, Clayton, Gwinnett, and Cobb counties in Georgia. He has successfully handled many high-value dental malpractice cases. We invite you to view our “Results” page to see the types of dental malpractice cases we have handled in the past. While past performance is not a guarantee of future success, we stand ready to help your or your loved one navigate the dental malpractice process. If you or a family member has been seriously injured by a dentist and would like to discuss your case in complete confidence contact Robert J. Fleming directly on (404) 525-5150 or contact us online. We are here to help.