Except under certain circumstances, dentists may be held liable damages for injuries or death resulting from a procedure performed. It is the dentist’s duty to obtain the patient’s consent before performing procedures, to make sure that the patient understands what it is and the possible effects, and thereafter fully consents to it. Also, the Business and Professions Code of California classifies “clearly excessive treatment, incompetent treatment, grossly negligent treatment” as unprofessional conduct and could possibly be grounds for suspension or revocation of the dentist’s license (Bus. Prof. Code 1685).
If a patient has been subjected to procedures without their prior consent, and such procedure results to personal injuries and damages, it is best to consult with a personal injury attorney. Such lawyer, after thorough study of the facts involved, could better explain the case and statutes applicable, and if there is a case against the professional.