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A patient’s medical history should inform the type of care they should receive and how they should receive it. For example, a patient who’s allergic to certain types of antiseptics should not have those drugs administered to them after dental surgery. As such, it is a critical piece of information that dentists should carefully review before they perform a procedure or embark on a certain course of treatment. If the dentist fails to do so, they put their patient at undue risk of negative health outcomes—and their patient could hold them liable for the consequences of that failure.
Why Medical History Matters for Dental Care
The most important reason for dental professionals to understand their patient’s medical history is to prevent complications caused by underlying medical conditions. For example, patients suffering from heart disease, diabetes, or certain allergies may require special care.
Some patients react badly to anesthesia, which a dentist may not know if they’re unfamiliar with the patient’s medical history. Other patients may have bleeding disorders that require dentists to take extra precautions when providing treatment.
When dental professionals understand their patients’ medical histories, they can provide personalized treatment tailored to their needs. However, medical professionals like dentists, dental assistants, and anesthesiologists also have ethical and professional obligations to take steps to mitigate harm done to patients.
Legal Consequences for Dental Professionals
When a dental professional injures a patient by failing to provide adequate care, this is called dental malpractice or dental negligence. Dentists and other dental professionals owe their patients a certain level of care, and failing to uphold this care can have severe consequences for both parties.
For example, a dentist who doesn’t know their patient is on blood thinners could cause excessive bleeding during a procedure. This could cause medical complications for the patient, and the dentist could be legally liable for the patient’s resulting medical bills, lost wages, and pain and suffering.
Beyond being open to civil liability, depending on the severity of the malpractice, the dental professional could also face fines and a suspension or revocation of their dentistry license.
Patient Rights After a Dental Procedure Injury
Patients have a right to expect safe and competent dental care. When going in for a dental procedure, patients should expect their dental professional to ask questions about their medical history, such as whether they’ve experienced any recent changes in health or are taking any new medications. These are standard questions and help the dental professional understand their patient’s medical history.
If you suffer an injury during a dental procedure, you also have the right to seek compensation through a personal injury lawsuit against the liable party. Liable parties could include:
- The dentist performing the procedure
- A dental assistant
- An anesthesiologist
- The dental facility where the procedure was performed
An experienced dental malpractice attorney can help you identify the liable party and gather the evidence you need to prove their liability.
Proving Liability After a Dental Procedure Injury
To prove dental malpractice resulting from a lack of understanding of your medical history, you need various pieces of evidence, such as:
- Your medical records that clearly outline your medical history
- Expert witness testimony, such as from another dental professional who can speak on how the dentist deviated from industry standards
- Medical treatment records detailing the injury you suffered
With these pieces of evidence, your lawyer can build a strong case showing how the dental professional should have known about your medical history and that their failure caused your injury.
Contact Our New York Dental Malpractice Lawyer
If you suffered an injury because a dentist or other dental professional did not review your medical history, contact Lance Ehrenberg, Esq. immediately. Attorney Ehrenberg will review your case, explain your legal options, and answer any questions you have about how to seek fair compensation for what you suffered.