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A written treatment plan is a document that outlines the dental procedures a dentist intends to perform for a patient. It includes details about the patient’s:
- condition,
- recommended treatments,
- estimated costs,
- and potential risks.
Dentists typically present these plans before starting any major procedures so patients can understand their options and give informed consent.
In New York, dentists must maintain accurate records of all proposed and completed treatments. A proper treatment plan should list each step of the care process and explain why specific procedures are necessary. If a dentist fails to provide this document or changes a treatment plan without the patient’s knowledge, legal issues can arise.
Patients should review written treatment plans carefully and keep copies for their records. These documents can become important evidence if a patient later suspects dental malpractice.
Why Proving Dental Malpractice Is So Challenging
Dental malpractice happens when a dentist causes harm by failing to meet the standard of care. This might involve:
- misdiagnosis,
- unnecessary procedures,
- surgical errors,
- or failure to inform patients of risks.
Some patients who suffer injuries due to a dentist’s negligence have grounds for dental malpractice lawsuits.
Proving dental malpractice can be difficult because patients must show that the dentist acted negligently and that this negligence directly caused harm. However, just because a patient is dissatisfied with their treatment does not necessarily mean malpractice occurred. Patients must show evidence of errors or omissions that a reasonable dentist would not have made to prove dental malpractice cases.
Most dental malpractice cases rely on expert testimony from other dentists who review the medical jargon in the patient’s records and explain what went wrong. Without strong documentation, such as written treatment plans and medical records, proving malpractice can be difficult or impossible.
How Written Treatment Plans Can Be Used as Evidence in a Dental Malpractice Case
A written treatment plan can support a dental malpractice case by showing what the dentist originally planned to do versus what actually happened. If a dentist performed unauthorized procedures, skipped necessary treatments, or deviated from the care plan without informing the patient, these inconsistencies might indicate negligence.
For example, if a treatment plan recommended a simple filling, but the dentist performed a root canal without justification, this could support a malpractice claim. If the plan indicates that the dentist failed to mention certain risks and the patient suffered complications, that could also be evidence of improper care.
What an Experienced Attorney Can Do For You
An experienced malpractice lawyer can compare written treatment plans to dental records, X-rays, and expert opinions to identify errors. This document can establish whether the dentist followed proper procedures or if their actions harmed the patient.
Your attorney might also collect additional dental records, consult experts, and obtain witness statements to strengthen your case. They can obtain expert testimony from other dentists to show how your dentist failed to meet the standard of care. Medical records and billing statements can also reveal inconsistencies between the planned and actual treatment.
Finally, a lawyer can handle negotiations with insurance companies and represent you in court if necessary. With the right legal guidance, you can pursue compensation for medical expenses, pain, and other losses resulting from dental malpractice.
Contact a Dental Malpractice Attorney in New York
If you believe a dentist’s negligence caused you harm, you might have a dental malpractice case. Written treatment plans and other records can help you prove your claim, but you need a lawyer who understands how to use this evidence effectively. Lance Ehrenberg, Esq., has years of experience handling dental malpractice cases in New York. He can review your case, explain your legal options, and help you take the next steps.
Contact our firm today for a free initial consultation to discuss your case and start taking action.