Family Dentistry - The Loewe and Wright Way - Forensics, Cosmetic Dentistry, Implant Dentistry

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Dentistry in Personal Injury and Professional Liability Issues

Forensic dentistry offers assistance in the interpretation of dental care needs and the legal community in two different ways. While both of these ways involve the diagnosis of dental treatment, the perspectives are drastically different.

The first interpretation offered by forensic dentistry involves injuries sustained as a result of an accident. The forensic dentist is asked to examine the patient, diagnose treatment needs, formulate treatment plans and then advise the legal community of possible (or probable) future treatments necessary to maintain the initial treatments provided. An important aspect of this consultation is the inclusion of a future cost benefit to replace or repair the dentition and oral cavity to continued oral health.

Care must be taken to fully understand the oral care needs of the accident victim so the treatment recommendations are complete, clinically appropriate and maintainable to the standard of care. This includes patient education. The treatment may not actually be completed by the forensic consultant dentist. The forensic dentist must exercise good judgment in choosing to actually provide care in cases only where the delivery of dental care will not impeach the provider from rendering an impartial opinion on the actual treatment needs.

A report must be provided to the attorney requesting the consultation, including the history of the incident, the injuries sustained as a result of the accident, the treatment needs, prognosis and possible future needs. The report must be complete in its content and often takes several hours of non-clinical time. This report is not part of the treatment and, therefore, its cost in time and materials is not part of the treatment plan. The attorney requesting the report bears the responsibility for the time involved by the consultant forensic dentist in preparing the requested report.

A second interpretation of personal injuries sustained by a patient involve "Standard of Care" issues of a patient and the actual dental care provided by a dental practitioner. Many of these cases request an independent review of the treatment rendered as it relates to the accepted "Standard of Care" for the region where the dental care was provided. The review will include the patient's chief complaint in seeking the care, the results of the clinical examination, diagnostic testing completed which is utilized with the clinical findings to form a diagnosis, the development of a treatment plan with a patient consultation, an informed consent and the rendering of the treatment as proposed with the appropriate follow up care.

Most cases involving issues of "Standard of Care" are better resolved in the peer review process. A qualified panel of dentists is asked to review all of the information listed previously and make a professional determination regarding the quality and appropriateness of the care. The peer review committee then makes recommendations to resolve the issues impartially. This process is accurate, relatively quick and provided by most dental organizations at no charge to either party.

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