Did the doctor pull out teeth he didn't need?
You have grounds for a lawsuit (Photo: ShutterStock)
A few days ago, a verdict was issued that required a dentist to pay about a quarter of a million shekels to a patient, who had no less than eight teeth removed, which could have been restored.
The court harshly criticized the doctor, noting that this was a dramatic deviation from reasonable medical practice.
The sad thing is that this is not an isolated case: social networks are full of posts by patients complaining about their dentists and complaining about the negligent treatment they received.
As a result, according to the tort forum data, in recent years there has been a steep increase of 35% in the number of negligence claims filed against dentists.
Based on this data, we caught up with
attorney and Dr. Mirlena Viner,
who deals with medical malpractice lawsuits, with concrete expertise in the dental field from the office of
attorney Elias Panos
, in order to understand which of the patients who encountered problematic behavior on the part of the dentist, is entitled to receive compensation, and how to exercise the right to this.
In what cases can a dentist be sued?
Medical negligence means providing medical services while deviating from the reasonable level of care, when this deviation caused harm to the patient that would not have been caused otherwise.
The language of the ruling states that dentists have an increased duty of care, as is imposed on any other doctor.
Reality shows that there are quite a few treatments or medical procedures in the field of dentistry, which are often performed negligently, which is grounds for a lawsuit.
For example, in the field of orthodontics: it is a medical niche that carries with it a high profit margin for the doctor, but it is full of risks.
There are quite a few dentists who present themselves as experts in the field, even though they did not go through the specialization course in orthodontics and did not receive a specialist license.
As a result, we witness frequent cases of negligence in the process of strengthening and/or not assuming the fixation of the teeth as required, which causes them to deform the jaw and not get the hoped-for result.
Also, severe receding gums due to poor assembly of a 'bridge' may be grounds for a lawsuit, as are various injuries caused by negligent or aggressive displacement, which led to damage to the oral cavity or jaw.
Unnecessary displacement may also be grounds for a lawsuit.
The doctor is required to explain everything.
Attorney Elias Fanos (Photo: Yoni Cohen)
"As a general rule, the dentist has the duty to provide the patient with the necessary medical information to decide whether to agree to the proposed treatment," says Attorney Panos, "the doctor is required to explain to the patient in a language that he can understand about the proposed treatment, its risks and prospects, as well as the existing therapeutic alternatives, including the possibility of non-treatment, its consequences.
At the same time, breach of duty on the part of the doctor is not enough, in order to receive compensation: the injured patient must convince the court that he did not receive the explanation and if he had received it, he would have avoided the treatment or performed another treatment and that he had performed all the procedures requested by the doctor (make sure to brush his teeth and so').
"Also, aesthetic dental treatment is an elective procedure, without a pressing medical need and necessity to carry out the treatment. In light of this, the court's ruling imposes an increased duty of disclosure on the doctor: he must make sure that the patient understands the consequences of the treatment, the possible risks arising from it and the alternatives the possibilities".
How will I know if I experienced medical malpractice in my dental treatment?
There are several 'red flags' - symptoms that may indicate that this is negligent dental care," says Attorney Wiener and elaborates.
Onset of sinusitis: after ruling out another problem, in the case where implants were inserted in the upper jaw and as a result symptoms developed such as congested mucous membranes, increased secretions and severe pain on the side where the implants were inserted.
Paresthesia: the formation of a feeling of anesthesia in the jaw, especially after a surgical procedure, and assuming that explanations unrelated to the treatment performed have been ruled out
Strong headaches after performing medical procedures, especially in the upper jaw, near the time of the treatment
Tooth extraction that led to damage to an adjacent tooth.
In any case where the patient is harmed, will he have grounds for a lawsuit against the doctor?
Advocate Panos: "No.
In order to file a claim for dental malpractice, several elements must be proven.
First, the burden of proof must be lifted that that medical entity violated the duty of care, i.e. deviated from accepted and reasonable medical norms, known at that time.
In the next step, it must be proven that the patient was harmed.
Also, it must be shown that there is a causal connection between the negligence of that medical entity and the damage caused to the patient.
That is, to show and indicate that if the doctor had not acted as he did - the damage caused to the patient would have been avoided.
According to the law, every medical claim must be proven through a medical opinion of an expert in the particular field, which must refer to the question of liability, the question of damage and the question of causation.
collect and record.
Attorney Mirlena Viner (Photo: Avitar Rosen)
The amount of compensation usually ranges from thousands of shekels to hundreds of thousands, depending on the nature and extent of the damage.
A patient approached a dentist with a complaint about a certain tooth, but he recommended that she extract all her upper teeth and replace them with implants that would support crowns.
Not long after the surgery, some of the implants that were inserted into her jaw began to fall out, and she claims that she suffers from headaches in her jaw and sinuses following two failed surgeries to lift the sinuses, which the doctor performed during her treatment.
The court ruled that the doctor was negligent in the transplant and the sinus lifting surgery and determined that it will be distributed in the amount of approximately 180 thousand shekels.
In another case, as part of a ruling given by the Tel Aviv Magistrate's Court, the court required a dentist to pay the patient compensation due to medical negligence in dental treatment in the amount of approximately NIS 142,000, after he was convinced that following the poor restoration performed by the doctor, he had a gap left between his teeth - something that caused him to have gingivitis, which led to tooth extraction and even implants.
As part of a ruling issued by the Tel Aviv Magistrate's Court, a dentist was ordered to pay the patient compensation for damages caused to her due to medical negligence in dental treatment - in the amount of 68,000 shekels. Also, the court ordered the dentist to return to the patient the consideration she paid him for the cost the treatments.
In the aforementioned case, the patient went to the dentist for rehabilitation treatment of her mouth, after she felt a tooth swinging in her mouth.
At the beginning of the treatment, he extracted several teeth and then installed a temporary denture.
Later he changed the treatment plan and fitted her with several crowns that did not last and broke, which also led to the development of inflammation.
The court accepted the claim of the plaintiff that she was not offered any treatment alternatives, she was not given any explanation and her consent was not received in advance to perform the surgical procedures.
How do you file a claim for medical malpractice in dental treatments?
What is the procedure involved?
Attorney Mirlena Viner: "The procedure begins with the collection and documentation of all medical material, usually through the victim's attorney who contacts the relevant institutions for the purpose of obtaining the references.
In the next step, the case will be examined by an attorney, in order to determine whether there is a basis for a legal claim. If it is found that there is programming to win the claim, you must contact a specialist doctor, in order to obtain a medical opinion that will support the case, both on the question of liability and on the question of damage. The opinion of the medical expert and the collection of additional information formulating the cause of the lawsuit, the lawsuit will be submitted to the competent court."
Can a dentist inject botox?
Attorney Elias Panos: "Dentists will be able to inject patients with Botox in the oral cavity, face and neck.
This follows a circular of the medical division of the Ministry of Health that was distributed in 2019 according to which they will be approved to inject the substances, as long as they do not deviate from their work as dentists.
However, the guidelines in this circular do not mean giving permission to the dentist to go beyond the limits of his practice and engage in aesthetic treatments, beyond the area he treats.
Do not allow the dentist to exceed the limits of his profession and inject botulinum toxin or a filler in anatomical areas that are not related to his work."
Of money
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Dentist