Medical Malpractice Guide in Dental Treatment

What is Medical Malpractice in Dental Treatment?

Medical malpractice in dental treatment occurs when a dentist or dental technician deviates from the accepted professional standard, thereby causing damage to the patient. Contrary to common misconception, malpractice does not merely mean an error or poor outcome—it requires proof of a significant deviation from professional norms and a direct causal link between the negligent conduct and the harm caused.

In Israel, claims for medical malpractice in dental treatment are handled by courts as tort claims, and the victim's right to compensation depends on proving three fundamental pillars: (1) the duty of care imposed on the dentist by law, (2) breach of that duty, (3) a causal link between the breach and the damage. Each case is examined individually, with thorough examination of the specific circumstances.

Mandelbaum, Gaur, Vitsman-Gaur & Co. has specialized in representing claimants in tort claims since 2008. We assist patients injured as a result of negligent dental treatment and help them obtain fair compensation through professional and dedicated legal proceedings.

Types of Negligence in Dental Treatment

Negligence in dentistry manifests in various ways. The following are the most common types:

• Improper or incomplete dental treatment: Tooth extraction not performed correctly, fillings that fell out or led to recurring decay, root canal treatment not completed properly and causing inflammation or persistent pain.
• Misdiagnosis: Failure to detect decay, gum disease, oral cancer or other problems, resulting in delayed treatment or deterioration of the condition.
• Damage to nerve or bone: Injury to the tooth nerve during treatment, or negligent placement of a dental implant within bone.
• Allergy or poisoning from materials: Use of materials without properly checking if the patient is allergic to them, or exposure to high concentrations of hazardous chemicals.
• Infection or cross-infection: Failure to maintain sterilization standards, resulting in infection from viruses or bacteria.
• Aesthetic damage: Poor aesthetic result from prosthodontic or orthodontic work, causing damage to smile and social relationships.
• Damage to adjacent teeth or gums: Injury to healthy teeth adjacent to treatment, or placement of prosthetic work that caused damage to surrounding tissues.

Each of these types can lead to legal action, provided that negligence and causal link to damage can be proven.

Rights of Injured Parties in Dental Negligence Claims

When a patient is injured as a result of negligence in dental treatment, they are entitled to compensation under the law of torts. The compensation may include various components, each reflecting a different aspect of the damage caused.

Components of Compensation in Dental Negligence Claims

• Compensation for bodily injury: When negligent treatment caused pain, inflammation, tooth loss, or the need for additional treatment, the injured party is entitled to compensation based on the bodily injuries incurred. The compensation is calculated according to tables established in Israeli case law, taking into account the severity of the injury, duration of suffering, and the extent of required treatment.
• Compensation for financial damages: Costs of additional treatment to remedy the damage (additional surgeries, dental implants, orthodontic treatment), lost work days, medical expenses, and legal costs.
• Compensation for non-pecuniary damages: When the damage is aesthetic or psychological (impairment of smile, social anxiety, diminished self-esteem), the injured party may claim compensation for such damages, in accordance with the degree of proven injury.
• Compensation for loss of earning capacity: If the negligent treatment caused temporary or permanent inability to work, the injured party is entitled to compensation based on lost income.

Claim Process – Main Steps

A medical negligence claim in dental treatment generally proceeds through several main stages:

1. Initial legal consultation: At this stage, an attorney experienced in tort law examines the details: what exactly happened, which treatments were performed, what damage was caused, and how it affects your life. At this stage, our firm offers an initial consultation at no cost.
2. Collection of medical evidence: All medical documentation from the dentist must be obtained, including X-ray images, treatment records, photographs, and a description of the treatments performed. We assist in obtaining and analyzing these documents.
3. Expert legal opinion: To prove negligence, an opinion from another expert dentist is typically required, who will confirm that the treatment deviated from professional standards and caused damage. We work with experts who have extensive experience in the field.
4. Sending a demand for compensation: After collecting evidence, we send a formal demand to the dentist or their insurer, detailing the damages and the compensation claim. At this stage, negotiations between the parties often take place.
5. Filing a claim in court: If no agreement is reached during negotiations, we file a formal claim in the competent court. The claim includes evidence, medical documentation, and expert opinions.
6. Managing the legal proceedings: At this stage, the court hears arguments from both parties, examines the evidence, and renders a decision. Generally, this process takes several months to years, depending on the complexity of the case.

At Mandelbaum, Gor, Witzman-Gor and Co., we accompany you through each stage of the process, providing professional and dedicated legal advice.

Comparison Between Different Scenarios of Dental Malpractice

To better understand the nature of dental malpractice and possible compensation, let us review several typical scenarios:

Important Note: The ranges presented in the table are general estimates only, based on various cases handled in Israeli jurisprudence. Each case is examined on its individual merits, and actual compensation depends on specific circumstances, severity of damage, evidence presented, and the court's discretion. We assist you in assessing reasonable compensation in your case during the initial consultation meeting.

How We Assist in Dental Malpractice Claims

At Mandelbaum, Gor, Vitsman-Gor & Co., we specialize in representing claimants in tort claims since 2008. In the field of dental malpractice, we offer:

• Deep Experience: Over 18 years of experience handling tort claims, including medical malpractice claims in various fields.
• Claimants' Representation Only: We represent only injured parties, which gives us full focus on protecting your rights without conflicts of interest.
• Strong Legal Opinions: We work with recognized medical experts in the field of dental medicine who provide appropriate and persuasive legal opinions.
• Effective Negotiation: We conduct professional negotiations with insurance companies and defendants' representatives, aiming to achieve fair compensation agreements without the need for prolonged legal proceedings.
• Personal Support: Each client receives dedicated personal support, with transparent communication and regular updates.

Our office is located in Ramat Gan, and we serve clients from throughout the central region and across the country.

Why Choose Mandelbaum, Gor, Witzman-Gor & Co.?

In the field of tort law, choosing the right attorney can significantly impact the outcome of your case. Our firm offers several clear advantages:

• Deep Experience in Tort Law: Our firm specializes in representing plaintiffs in tort claims since 2008. Over more than 18 years, we have handled dozens of medical malpractice cases in various fields, including dental malpractice.
• Plaintiff Representation Only: We represent only injured parties in tort claims. This means we have no conflicts of interest, and our focus is 100% on protecting your rights and obtaining the highest possible compensation.
• Connections with Medical Experts: We work with experienced dental specialists with extensive experience and strong legal opinions. This helps us prove negligence convincingly in court.
• Effective Negotiation: In the majority of our cases, we succeed in reaching an agreement on fair compensation without the need for lengthy court proceedings. This saves time, money, and stress.
• Personal and Dedicated Representation: Every client receives personal representation, with transparent and regular communication. We keep you updated at every stage of the process and answer all your questions.
• First Consultation Free of Charge: We offer a free initial consultation, where you can tell us your story and receive an initial assessment of your claim's prospects.

Our office is located in Ramat Gan, and we serve clients from throughout the central region and across the country. We are open to meetings in our office or by phone, according to your preference.

What Happens at the First Consultation?

At our first consultation, we listen to your complete story. We ask detailed questions to understand exactly what happened, what treatment the dentist performed, what damage was caused, and how it affects your life. After hearing your story, we explain to you the concept of medical malpractice, your rights, and the legal process ahead of you. We also assess the prospects of your claim based on your information.

At this meeting, we also explain the payment plan options to you, so you know exactly how much it will cost you to work with us. We support full transparency on financial matters.

If you decide to continue with us, we will begin obtaining medical records, work with medical experts, and start the negotiation process with the insurance company or with the dentist's representation.