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Can a patient sue a dentist for follow-up care after emergency treatment?

Can a patient sue a dentist for follow-up care after emergency treatment?

Q: How do you fix your teeth after an accident?

After an accident, it's important to see a dentist as soon as possible. They may perform an examination and recommend treatments such as dental bonding, crowns, or root canals, depending on the severity of the damage. Immediate care can help prevent further complications and restore function and appearance.

Q: Is a broken tooth classed as an emergency?

Yes, a broken tooth is generally considered a dental emergency, especially if it causes pain, bleeding, or affects your ability to eat or speak. Prompt dental care is crucial to address the issue and prevent further damage or infection. Contact your dentist immediately if you experience a broken tooth.

Q: Can you sue a dentist for messing up your dentures?

Yes, you can sue a dentist for issues related to dentures if you can prove negligence. This includes demonstrating that the dentist failed to meet the standard of care, leading to injury or complications. However, you must establish that the problems with the dentures directly resulted from the dentist's actions or inactions.

Full question:

I’m a dentist and I fix a person’s teeth that were broken in an accident at his workplace. I rendered the service only because he called me in an emergency situation. Now he is coming to a follow-up treatment that too he is not ready to make any payment. He says I’m liable for the follow-ups since there is a doctor-patient relationship. Can he sue me if I didn’t treat him?

Category: Helping People
Subcategory: Good Samaritan Laws
Date: 04/07/2025
State: Oregon

Answer:

No, he cannot sue you for that. You are not required to provide or arrange for further medical care after giving emergency assistance. Providing emergency medical assistance does not create a professional relationship that obligates you to continue treatment.

According to Oregon law (ORS § 30.800), emergency medical assistance is defined as medical or dental care given voluntarily, without compensation, to someone in immediate need. This law states that:

Emergency assistance does not establish a duty to provide further care.
A person cannot sue for damages unless they can prove gross negligence in providing that emergency care.

In summary, you are not liable for follow-up treatments after providing emergency care.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are the four D's that must be present for a lawsuit against a dentist to be successful?

The four D's essential for a successful lawsuit against a dentist are: 1) Duty: The dentist had a duty to provide care. 2) Dereliction: The dentist failed to meet the standard of care. 3) Damage: The patient suffered harm or injury. 4) Direct causation: There is a direct link between the dentist's actions and the patient's injury. If any of these elements are missing, a lawsuit is unlikely to succeed.

What is the number one reason dentists get sued?

The number one reason dentists get sued is alleged negligence, which often involves failure to diagnose or treat a dental issue properly. This can include mistakes during procedures, improper patient management, or inadequate follow-up care. Patients may claim that such negligence resulted in harm or worsened their dental condition.

What is the most common reason patients sue dentists?

The most common reason patients sue dentists is for malpractice, typically due to claims of negligence. This includes situations where patients believe their dentist failed to provide the appropriate standard of care, leading to injury or other complications. Issues may arise from procedures, misdiagnoses, or inadequate treatment.