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Visiting the dentist is a routine part of healthcare, but when something goes wrong, it can lead to significant physical and emotional harm. Dentists, like all healthcare professionals, have a duty to provide care that meets professional standards.
When they fail to do so, and a patient suffers as a result, legal recourse may be possible. One of the lesser-known aspects of dental malpractice is the potential to sue for emotional distress.
At the Law Offices of Fred B. Goldberg, PC, we aim to help you explore emotional distress in dental malpractice cases, the legal requirements for pursuing such a claim in Maryland, and what you should consider before filing a lawsuit against your dentist.
Emotional distress refers to the psychological impact of an experience, often involving fear, anxiety, depression, and even post-traumatic stress. In the context of dental malpractice, emotional distress can arise when a patient endures pain, fear, or humiliation as a result of negligent treatment.
While many people associate dental malpractice with physical injuries, such as botched surgeries or nerve damage, the emotional fallout can be just as devastating.
For instance, a patient who experiences a traumatic dental procedure due to a dentist’s negligence may develop a lasting fear of future dental visits, anxiety about their appearance, or even depression due to the pain and suffering they endured. This emotional harm may be compensable in a malpractice lawsuit.
Before diving into emotional distress, it’s important to understand the basic requirements of a dental malpractice claim. In Maryland, dental malpractice occurs when a dentist breaches the accepted standard of care, which results in injury or harm to the patient.
The standard of care is generally defined as the level of care that a reasonably competent dentist would provide under similar circumstances. Some common examples of dental malpractice include:
Misdiagnosis or failure to diagnose a condition, such as oral cancer or a serious infection.
Performing unnecessary procedures or using outdated techniques.
Failing to inform patients of risks associated with a procedure.
Botching a dental surgery, leading to nerve damage, infection, or other complications.
Administering too much or too little anesthesia, leading to pain or severe side effects.
When these breaches of care cause physical injury, patients may suffer emotionally as well. However, emotional distress claims are generally more challenging to prove than those involving physical harm.
In Maryland, emotional distress can be part of a dental malpractice claim, but pursuing damages for emotional distress alone is more difficult. Maryland law generally requires that emotional distress claims be accompanied by some form of physical harm.
In other words, you can’t typically sue a dentist for emotional distress unless you can also show that their negligence caused you a physical injury.
However, the emotional suffering you experience may be included as part of the total damages you’re seeking. For example, if your dentist’s negligence caused nerve damage, leading to chronic pain or disfigurement, you could potentially recover damages for the emotional trauma you’ve experienced as a result of your injury.
In dental malpractice cases, emotional distress can take various forms. Some common types include:
Patients who’ve experienced negligent dental care may develop a fear of future dental procedures, known as dental anxiety or dental phobia. This anxiety can be so severe that patients avoid necessary treatments, which can worsen their dental health over time. Dental phobia is a recognized psychological condition, and if it stems from malpractice, it can be grounds for an emotional distress claim.
When dental malpractice results in permanent disfigurement, chronic pain, or ongoing complications, it can lead to depression. For instance, if a botched cosmetic procedure leaves a patient feeling self-conscious about their appearance, this emotional toll could be considered as part of an emotional distress claim.
In extreme cases, patients may develop post-traumatic stress disorder (PTSD) following a traumatic dental experience. This condition can include flashbacks, nightmares, and severe anxiety related to the event. PTSD is a serious mental health condition, and if it’s caused by a dentist’s negligence, the patient may have grounds to seek compensation.
Patients who suffer disfigurement or permanent damage to their teeth or facial structure may feel embarrassed or humiliated, especially in social situations. This emotional suffering can impact their quality of life and could be compensable in a dental malpractice case.
Proving emotional distress in a dental malpractice case requires more than simply stating that you’ve suffered mentally. You must provide evidence that demonstrates the extent of your emotional suffering and how it’s connected to the dentist’s negligent care.
Some of the key elements involved in proving emotional distress include the following.
While emotional distress is a psychological injury, medical records play a crucial role in substantiating your claim. If you’ve been treated by a mental health professional, such as a therapist or psychologist, their notes and diagnosis can serve as valuable evidence.
Additionally, records from your dentist outlining the physical harm you’ve suffered can help link your emotional distress to their negligence.
In some cases, your attorney may recommend having a mental health professional testify about your emotional suffering. A psychologist or psychiatrist can explain how your mental health has been impacted by the trauma you experienced and why it’s reasonable to attribute your emotional distress to the dentist’s actions.
Your testimony is also vital in explaining how the dental malpractice has affected your emotional well-being. You’ll need to describe how the experience has caused you emotional harm, how your daily life has changed as a result, and the extent of your suffering. This may include discussing anxiety, depression, or other emotional impacts you’ve experienced since the incident.
Friends, family members, or coworkers who’ve noticed changes in your behavior or mood since the malpractice incident may also be called upon to testify. Their observations can help demonstrate how your emotional state has been impacted and support your claim for emotional distress damages.
If you’re able to prove emotional distress in a dental malpractice case, the court may award you damages to compensate for your suffering. These damages are typically categorized as non-economic damages, which means they’re meant to compensate for intangible losses, such as pain and suffering, rather than direct financial costs.
While the amount of compensation you can receive for emotional distress varies depending on the specifics of your case, it’s important to understand that non-economic damages are often limited by state law. Maryland, for example, places caps on non-economic damages in medical malpractice cases, including dental malpractice.
According to the Maryland General Assembly, as of 2023, the cap is around $920,000 for non-economic damages in a medical malpractice claim.
While the emotional impact of dental malpractice can be severe, it’s important to understand that these cases can be difficult to prove. Emotional distress claims are often more subjective than physical injury claims, and the burden of proof rests on the plaintiff to show that the dentist’s negligence directly caused their suffering.
Additionally, filing a lawsuit can be a lengthy and stressful process in itself. Before pursuing legal action, it’s essential to consider whether you’re emotionally prepared for the demands of a lawsuit.
Consulting with an experienced dental malpractice attorney can help you determine whether you have a strong case and what to expect as the process unfolds.
If you’ve suffered emotionally due to dental malpractice, speaking with a dental malpractice attorney from the Law Offices of Fred B. Goldberg, PC is the first step toward understanding your rights and determining whether you have a viable claim.
Located in Columbia, Maryland, we serve clients in Baltimore, Washington D.C., Rockville, Frederick, Annapolis, Towson, Hagerstown, Berkeley Springs, Cumberland, Salisbury, and Ocean City. Call today.
At The Law Offices of Fred B. Goldberg located in Columbia, Maryland, the firm understands the intricacies and challenges that come with pursuing a dental malpractice lawsuit. Dental malpractice cases can be difficult to manage, often involving intricate medical details and personalized legal guidance.
Visiting the dentist is a routine part of healthcare, but when something goes wrong, it can lead to significant physical and emotional harm. Dentists, like all healthcare professionals, have a duty to provide care that meets professional standards.
