Pain of Dental Malpractice — chicagotribune.com

Jill Webb, a partner at Phillips Law Office in the Loop, has handled many dental malpractice cases. She agrees with Baxter’s assessment and believes that more patients would file malpractice claims if they knew how.

“I don’t think consumers are aware they have the ability and right to report problems to the state authorities” at the Illinois Department of Financial and Professional Regulation, Webb said. Katie English had no idea she could file such a complaint.

When a patient does initiate a complaint against a dentist, state regulators look into it. If they find evidence of malpractice, a dentist may face a reprimand, fine or probation. His or her license also may be suspended or revoked.

Patients may decide to sue, but this route is more difficult. According to an ADA study, more than half of dental settlements involve less than $10,000. Such an amount often does not cover attorneys’ fees — let alone the costs to patients — leaving little financial incentive to pursue a claim.

Malpractice cases also face stiff opposition in court. Insurance companies have lawyers who defend dental malpractice claims full time. These specialists are so hard to beat that many would-be plaintiffs decide not to sue.

In any case, the onus is on patients to identify problems. Unlike the medical profession, which has a strong tradition of analyzing problems through papers and conferences, many dentists do not discuss errors openly.

“You won’t find a dentist presenting a paper on a mistake,” Baxter said. “They just don’t talk about it.”

Experts interviewed for this story suggested several ways to minimize the chances that you will encounter dental malpractice.

Before seeing a new dentist or undergoing a complex procedure, patients should check the disciplinary record of their practitioners on the Web site of the Illinois Department of Financial and Professional Regulation, according to Webb. “You can look up and see that, 10 years prior, his license was suspended for gross misconduct,” Webb said. “That’s all public information.”

These records also will show if your dentist has been charged with any non-medical problems — fraudulent billing, for instance. Webb said that patients should keep in mind that dentists need a separate license to administer an IV, called a “controlled-substance license.” So if your dentist doesn’t have one, no IVs.