388 Forensic dentistrythat a plaintiff may receive for pain and suffering. The statutes in some states
allow an additional damage award known as punitive damages to be levied in
those instances that exceed the required threshold—such as wanton, willful,
intentional misbehavior, or reckless disregard on the part of the defendant.16.3.1.1 Dentists as Defendants
If a dentist has been named as a defendant in a civil suit brought by a patient
alleging a violation of some standard of care related to diagnosis or treat-
ment of their professional dental needs, the defendant dentist is served with a
summons—a notification from the court that a suit has been filed against him
or her and that a legal answer is required within a deadline. The summons is
usually served in person; however, it may be served at the dentist’s residence
or last known address, and may in some cases be served by U.S. mail. If a
legal answer to the complaint is not received by the deadline, the court may
issue a default judgment granting the relief sought by the plaintiff.16.3.1.2 Dentists as Fact Witnesses
A dental patient’s attorney may request information on the patient’s behalf
as to the circumstances of alleged dental injuries. This may consist of only an
informal discussion with the patient’s attorney, providing copies of treatment
records, or signing a notarized statement. This request may also be formal-
ized by the issuance of a subpoena requiring testimony, in the form of either
a deposition or actual trial testimony. In the case of deposition testimony,
reasonable compensation for time away from the office should be agreed
upon. Whenever sworn testimony is required, the matter of compensation
should be broached with the party that issued the subpoena and whether or
not testimony is sought as an expert or merely as a fact witness.
16.3.1.3 Dentists as Expert Witnesses
The dentist is retained (hired) by either plaintiff or defense counsel to
determine if there are violations of standard of care (SOC) or dental inju-
ries that have been caused by the negligence of others. After reviewing the
evidence provided, the dentist is asked to render an opinion in the form
of a verbal or written report. The dentist may then be asked to provide
sworn testimony, in the form of either a deposition or testimony at trial.
In order to testify as an expert, the dentist must qualify by means of special
training, education, or experience. A well-qualified expert can expect to be
compensated accordingly.
16.3.2 Standard of Care Litigation (Malpractice)
One of the most important concepts to understand in standard of care
litigation is that a bad treatment outcome does not entitle the patient to