Many people contact Dental Lawyers after experiencing unsatisfactory dental work and consider legal action. It’s a common reaction when facing unexpected pain or results from a dental procedure. However, dental lawyers often find that the line between a bad outcome and actual dental malpractice is quite distinct. Frequently, what feels like malpractice is actually a recognized risk associated with the treatment itself. In these situations, pursuing a lawsuit is usually not viable.
Sometimes, genuine dental negligence does occur, but the resulting injury is minimal. For a dental lawyer to take on a case, there needs to be demonstrable negligence coupled with a significant injury. These cases, while they exist, are not everyday occurrences.
However, some situations transcend typical dental malpractice and enter a realm of egregious misconduct. A case that vividly illustrates this point involves the “Small Smiles” dental clinic and the horrifying allegations of unnecessary procedures performed on children without anesthesia.
This case, brought to light in reports like one from the Syracuse Post Standard, is more accurately described as dental assault and battery. Imagine children subjected to dental procedures, some potentially needless, without the basic comfort of anesthesia. The details are disturbing: young children, as young as one year old, endured root canals, fillings, and extractions while physically restrained and fully conscious.
The alleged motive behind these actions was financial gain. By performing procedures cheaply, billing Medicaid at inflated rates, and pocketing the difference, the clinic prioritized profit over patient welfare. This scheme allegedly involved inflicting pain and trauma upon vulnerable children to increase their bottom line.
The “Small Smiles” clinic, a cruel misnomer, primarily served children from low-income families covered by Medicaid. These families, possibly lacking extensive prior dental care experience, might have been more susceptible to accepting the clinic’s practices. They may have been wrongly convinced that procedures without anesthesia were somehow “safer,” masking the clinic’s exploitative practices.
For a dental lawyer, cases like “Small Smiles” are not just about malpractice; they represent a profound breach of trust and a horrific abuse of vulnerable individuals. In such instances, pursuing justice goes beyond typical compensation. The potential for punitive damages, rarely seen in standard dental or medical malpractice, becomes a significant consideration. The goal is not only to compensate the victims but also to punish the perpetrators for their reprehensible actions and deter similar conduct.
If you suspect you or your child has been a victim of dental malpractice, especially in cases involving unnecessary procedures or treatment without proper pain management, consulting a dental lawyer is crucial. Understanding your legal options and seeking justice is paramount in these situations.
Contact a qualified dental lawyer to discuss your case and understand your rights.
