CHAPTER 43 Dentistry
Liability claims for alleged dental malpractice have been somewhat “under the radar” compared to medicine. However, dentists are held to the same set of rules as physicians and other health professionals with regard to the tort of malpractice, the most common legal theory used by plaintiff patients to secure remuneration for alleged wrongs.1
One of the most common bases for claims for damages in dentistry is for removal of the “wrong” tooth, a somewhat limited scope of damage. However, often the damage associated with alleged dental malpractice can be more severe, e.g., the N2 paste endodontic sequelae of the 1980s.2,3 Ultimately dental treatment can result in any complication seen with medical treatment, including death. Several reviews of the actual statistics related to alleged dental malpractice are available, although differing findings are seen. For instance, Seidberg reports that 15–25% of claims from various insurance sources include endodontics, simple extractions, and crown/bridge work.4 Sanbar reports that private practitioners are those most often sued and that claims usually involve faulty management/performance of treatment, unsatisfactory technical/esthetic quality, and wrong diagnosis/indication.5 Governmental reports from the U.S. National Practitioner Data Bank, the U.S. Department of Health and Human Services, and the U.S. Department of Justice are seen in Table 43-1.
Table 43-1 Dentistry malpractice statistics
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