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February 27, 2008

Dental malpractice hard to pursue in court

It’s impossible to determine the number of dental malpractice cases because insurance companies that collect the malpractice claims do not release details. Dental malpractice may be more common than patients realize. Crystal Baxter who practiced dentistry in Chicago for 25 years prior to relocating to Arizona confirmed that many cases of dental malpractice go unreported. A dentist herself, Baxter has reviewed and provided expert opinions for more than 400 malpractice cases. After analyzing 242 of these cases, she determined that dental malpractice was "vastly, vastly underreported." She gave a number of reasons such as: patients are unaware of their options, existing legal roadblocks and a culture of silence around mistakes. When a patient initiates a complaint against a dentist, state regulators investigate and if they find evidence of malpractice, the dentist may receive a reprimand, fine or probation. In the extreme his or her license may be suspended or revoked. Patients who decide to sue face a difficult system. According to an American Dental Association study in excess of half of dental settlements involve less that $10,000. This amount does little to cover attorney’s fees let alone patients costs which leaves the incentive to pursue a claim lacking.

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