Dental Malpractice

You depend on your dentist to be an expert at caring for your teeth. A dentist who makes a mistake can cause severe damage. Fortunately, you can sue your dentist when something goes wrong. To win a dental malpractice lawsuit, you must prove your dentist didn’t follow the dental standard of care.

This article overviews legal claims about dental malpractice. Dental malpractice laws vary by state. If you have a question about dental injuries, contact a dental malpractice lawyer in your area for legal advice.

What Is Dental Malpractice?

Medical malpractice occurs when a healthcare professional makes a mistake that harms the patient. Dental malpractice is a form of medical malpractice. It involves mistakes by a dental professional. Generally, in dental malpractice, a dentist deviates from dental standards, which harms the patient.

Dental care can involve different procedures, from dental check-ups to oral surgery. Examples of dental malpractice injuries include:

• Errors during dental procedures
• Misdiagnosis or failure to diagnose
• Delayed oral cancer diagnosis
• Improper tooth extractions
• Root canal injuries
• Anesthesia errors
• Nerve damage
• Infection injuries
• Unnecessary dental procedures

Who Is Responsible for Dental Malpractice?

Dental care involves different types of medical professionals. These types of dental healthcare professionals include:

• Dentists
• Pediatric dentists
• Endodontists
• Oral surgeons
• Orthodontists
• Periodontists
• Cosmetic dentistry surgeons

Dental professionals are held to a professional standard of care. However, the dentist can also be liable for errors by dental assistants or dental hygienists. Dental professionals have a duty to supervise healthcare professionals in their practice. Dentists can also be liable for negligent hiring if an employee injures or assaults a patient.

How Can I File a Dental Malpractice Case?

The steps to file a dental malpractice case depend on your state law. A dental malpractice attorney will know your state’s rules. There’s a limited time to file a medical malpractice lawsuit. This is the statute of limitations. If you wait too long, the court will deny your dental malpractice claim.

In many states, you must get an affidavit from a healthcare professional before filing a lawsuit. This can be a certificate or affidavit by an expert witness that confirms your case has merit. Your medical malpractice attorney can explain the affidavit of merit and other legal requirements for filing a dental malpractice case.

Dental malpractice claims are often settled before trial. Dentists typically have dental malpractice insurance to cover any malpractice lawsuits. The insurance company may offer you a settlement to drop your legal claims. Your attorney can negotiate with the insurance provider to help you get a settlement to cover your injuries.

What Do I Need To Prove Dental Malpractice?

Proving a medical malpractice case can be complicated. Not every bad incident at the dentist’s office rises to the level of malpractice. If you want to win a dental malpractice case, you’ll have to prove that:

• The dentist had a duty of care to you as the patient
• The dentist breached the duty of care by deviating from the acceptable standard of care
• The breach of care caused harm (proximate and but-for causation)
• You suffered harm as a result of the breach

To prove the dentist deviated from the standards of care, you may need an expert witness to testify in support of your case. Another dentist or oral surgeon will be familiar with dental standards. They can review your medical records and identify what went wrong. The dental expert can also explain how the deviation caused your injuries.

How Much Can I Recover in Damages in a Dental Malpractice Case?

The damages you can win in a medical malpractice suit depend on your case. Damages include physical, mental, and financial harm. Examples of damages in a dental malpractice claim include:

• Medical bills
• Future medical expenses
• Lost wages
• Loss of future income
• Pain and suffering
• Deformity or scarring damages
• Emotional distress and mental anguish

How Can a Dental Malpractice Attorney Help?

You shouldn’t have to suffer because of negligent dental care. If you’re the victim of dental malpractice, a dental malpractice lawyer can help. A medical malpractice lawyer can review your case and explain your legal options. Your attorney can negotiate with the insurance company for a fair settlement.

Most personal injury and dental malpractice lawyers work on a contingency agreement. They’ll offer a free case evaluation. This means you don’t have to pay the attorney anything—unless they help you get compensation. For more information, contact an experienced dental malpractice lawyer.