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Abstract

Modern Research in Dentistry

Dental Malpractice: Risk Factors, Causative Trends, Damages Assessment and Strategies for Prevention

Submission: April 07, 2025;Published: April 16, 2025

DOI: 10.31031/MRD.2025.08.000689

ISSN:2637-7764
Volume8 Issue2

Abstract

Introduction: Dental malpractice poses significant risks to patient safety and exposes practitioners to considerable legal and financial liability. This study provides a comprehensive analysis of dental malpractice claims, examining risk factors, causative trends, damage estimates and key preventive strategies. It represents the first investigation to quantitatively assess legal malpractice cases in dentistry, offering novel insights into the most frequently reported clinical errors and their underlying causes.
Materials and methods: Dental malpractice cases were identified using the Google Scholar case law database, applying targeted search criteria that included patient demographics, health status, type of dental facility, dental specialty, causes of malpractice and the nature of legal claims. The analysis focused on detecting patterns in malpractice allegations and determining the most cited legal grounds, providing a data-driven understanding of liability trends within dental practice.
Result: The results revealed that treatment failures were the leading cause of dental malpractice claims (56%), followed by medication-related issues (22%), diagnostic errors (15%) and communication failures (7%). Most cases involved otherwise healthy pediatric patients and occurred during diagnosis, treatment, or post-treatment care. Incidents of dental malpractice were most reported in hospitals, clinics and correctional facilities. Interestingly, a greater number of claims were filed against physicians and healthcare administrators than against dentists themselves. Among dental specialties, the highest frequency of malpractice claims was associated with surgical procedures, public health dentistry, and oral and maxillofacial surgery. The most frequently cited legal grounds for these claims included general malpractice, negligence, breach of contract, and wrongful death. The average compensation awarded in dental malpractice cases was approximately $136,000, with the highest recorded award reaching $261 million in a wrongful death case.
Conclusion: Dentists should maintain comprehensive malpractice liability insurance to ensure equitable compensation for patients in the event of injury, while also safeguarding themselves against the potentially severe financial consequences of legal action. Enhancing patient safety necessitates targeted efforts toward protecting vulnerable populations, particularly children, and improving the quality of dental care in hospital-based settings. The findings from this study suggest that approximately two-thirds of dental malpractice claims could be mitigated by increasing treatment success rates and ensuring prompt retreatment to minimize patient harm, pain and suffering. Nearly one-quarter of claims may be avoided through careful verification of prescribed medications, particularly about dosage accuracy and contraindications. Additionally, diagnostic errors account for roughly one in seven claims, emphasizing the need to strengthen diagnostic precision and clinical decision-making. Finally, one in twelve malpractice claims could potentially be prevented through improved communication and patient engagement, highlighting the pivotal role of clear, empathetic dialogue in building patient trust and promoting safe, effective care.

Keywords:Dentist; Dental; Malpractice; Negligence; Mistakes; Errors; Lawsuit; Failed; Risks; Damages

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