Is a dentist liable for overbleeding experienced by a patient after tooth extraction?

In the Philippines, dentists, like other healthcare professionals, are expected to provide a standard of care that aligns with the best practices of their profession. This duty of care includes taking appropriate precautions to prevent complications such as excessive bleeding after a tooth extraction.

Standard of Care and Negligence

The primary consideration in determining a dentist's liability is whether the dentist breached the standard of care. The standard of care refers to the level of competence that a reasonably skilled dentist in the same field would exercise under similar circumstances. If a dentist fails to meet this standard, they may be considered negligent.

In the context of tooth extractions, dentists are responsible for conducting thorough pre-operative assessments, properly performing the extraction procedure, and providing clear post-operative care instructions. These steps are crucial in minimizing the risk of complications, including excessive bleeding. If a patient experiences overbleeding due to the dentist's failure to adhere to these practices, the dentist may be held liable for negligence.

Patient's Role and Post-Operative Care

It is also essential to consider the patient's role in post-operative care. Dentists usually provide patients with instructions on how to manage their recovery after a tooth extraction, which often includes guidelines to prevent bleeding. These instructions might cover actions such as avoiding strenuous activities, not smoking, and maintaining proper oral hygiene.

If a patient fails to follow these instructions and subsequently experiences overbleeding, the dentist may argue that the patient's actions contributed to the complication. In such cases, the concept of contributory negligence could reduce or eliminate the dentist's liability.

Proving Liability

For a patient to successfully claim that a dentist is liable for overbleeding, they must prove the following elements:

Duty of Care: The dentist owed the patient a duty of care.
Breach of Duty: The dentist breached this duty by failing to meet the standard of care.
Causation: The breach of duty directly caused the overbleeding.
Damages: The patient suffered harm as a result of the overbleeding.

These elements must be supported by evidence, which may include medical records, expert testimony, and other relevant documentation.

Legal Recourse

If a patient believes they have suffered harm due to a dentist's negligence, they may seek legal recourse by filing a complaint with the Professional Regulation Commission (PRC) or pursuing a civil lawsuit for damages. The patient may claim compensation for medical expenses, pain and suffering, and other related damages.

In conclusion, while a dentist may be liable for overbleeding after a tooth extraction if they are found to have breached the standard of care, each case must be evaluated on its specific facts. Patients are encouraged to follow post-operative care instructions carefully to minimize complications and ensure a smooth recovery.