Holding Dentists Accountable for Malpractice in Chicago

June 20, 2023

Who doesn’t love a great smile? Our teeth are a reflection of our health and habits— and, let’s be honest, our genetics. A great smile can affect our confidence and style. And to keep our smiles great, we see dentists (and the occasional dental surgeon). Whether you only go for an annual clean or keep on top of the ideal schedule, you rely on your dentist and their team. So what happens when they fail you?

Dental malpractice is when your dentist, one of their assistants, or even a surgeon messes up your care. It could be a matter of not thoroughly exploring your issue and giving a wrong diagnosis all the way up to screwing up your anesthesia during extraction. These mistakes can hurt you, some permanently. It’s important to know what to do if you become a victim of dental negligence. So, let’s take a look at dental malpractice together.

What is Dental Malpractice?

As mentioned above, ‘malpractice’ is a fancy term for when a dentist messes up a patient’s care. Most mistakes are simple errors, but some issues can be a sign of deeper issues in how your dentist operates their clinic. Perhaps they didn’t listen to your complaints and assured you that the pain you felt was just an irritated gum—and you lost a tooth. Maybe their hand slips during a root canal, and you end up with nerve damage. Medicine is an unforgiving field; the slightest human error can have devastating consequences for the patient.

How Do You Recognize Malpractice?

Dentists are held to what’s known as a ‘Standard of Care’. Dentists are meant to hold themselves to this standard. When they don’t, and they end up hurting a patient, that’s malpractice. If you are trying to file a malpractice claim, you will need to prove that your dentist did not meet this standard.

Some issues are obvious, like the aforementioned nerve pain. Others might not be. Perhaps you have extra pain after a root canal, but your clinic says everything is normal. If you have doubts, you can always find another dentist for a second opinion. They can let you know if something strange is going on and potentially help you communicate with your original clinic— or help you find a lawyer. It’s up to you.

What to Do About Dental Malpractice

You have a choice. You can work things out with your dentist, get the issue fixed, and move on. Or, and this is the path you should take for major or permanent damage, you can seek legal help.
The first step in a malpractice claim is evidence. You want your medical records from the original clinic and from where you got your second opinion. Bills, statements, receipts— anything that can help prove this damage is affecting your life.

Next, you need a Chicago personal injury lawyer. Make sure to find one who has experience in cases with medical malpractice elements. Sign up for a free consultation; this lets you get to know the lawyer while getting an official opinion on your case. You don’t have to retain the first lawyer you find— test the waters, and find the law firm that you think is best.

Your lawyer will help you gather more evidence and may pull in some other medical and dental experts to get their opinion and testimony. Then, they’ll help you file your claims.

First, you’ll file with the Illinois Board of Dentistry. They make the rules for all Chicago dentists. Your lawyer will also begin negotiating with the responsible clinic. If you’re lucky, they’ll agree to settle outside of court. You get your money without the hassle of going through the court system, and the clinic is dealt a penalty to encourage better. If they refuse? You guessed it: trial time.
Your lawyer will take the lead– follow their instructions to the letter. This is their domain.
There are two major reasons to take your dentist to court: one is to hold them accountable on the record, and the other is to get enough money to cover your medical expenses. The first serves as a warning to future clients and, as a consequence, to the person who messed up. The second ensures you don’t go into debt over someone else’s mistake.

Protecting Yourself and Your Smile

While it’s important to know your rights in case of dental malpractice in Chicago, you can take a few precautionary measures in an effort to avoid becoming a victim. The first is to research every dentist you consider seeing. Check their reviews, check the news, and check out their website. Then, be an active patient. Ask questions and make sure you understand the answers. The most important is to know your rights and know what to do if you suspect something is wrong.

Unfortunately, there is no perfect strategy to avoid malpractice. Sometimes you just get unlucky. That’s why you need to be prepared should the worst happen. Hope for the best; prepare for the worst. We hope this guide has helped you understand what dental malpractice looks like and what you can do about it.

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