Dental Malpractice Lawyers in Georgia and Florida
When we go to the dentist, we expect them to act in our best interest to improve our oral health. However, it is all-too-common that dentists and dental staff may harm or injure the patient during their treatment. The injuries can result in pain and additional medical costs. It’s an unfortunate fact that one out of every seven medical malpractice cases involves dental malpractice. Dental malpractice is a type of medical malpractice that can include any injury resulting from a dental professional’s failure to meet acceptable standards of care.
If you know someone injured due to a dental physician’s negligent actions, learn about your options with a free, no-obligation case review.
What is Dental Malpractice?
Dental malpractice is a form of medical malpractice due to a dentist performing negligent dental work that causes patient suffering, injury, or monetary consequences. A dental malpractice attorney‘s job is to prove that a dentist failed to provide a standard level of care.
A patient may also have ground to pursue a dental malpractice case if a dentist performed services beyond the granted informed consent. Whether a dentist intentionally or unintentionally harmed a patient, a patient may pursue a claim in both instances if they resulted in injury.
To develop a successful claim, an attorney must prove that any other oral health provider or dentist would have acted less negligently. A lawyer must establish that in the same situation, a different dentist would have prevented the patient’s injury. The attorneys at Farah & Farah have a track record of helping people get what they are owed.
Injuries Caused by Dental Malpractice
Some dental mistakes do not result in injuries. However, other errors can cause serious injuries. A few of the most common injuries due to medical malpractice include:
- Tooth, gum, or lip infections. These infections may spread throughout the body, including the brain or bloodstream, which may be fatal.
- Breathing issues and systemic toxicity due to anesthesia errors.
- Permanent muscle and nerve injuries in the face that comprise lip, tongue, cheek, and jaw function.
- Heart attack or stroke.
- Misdiagnosis or failure to diagnose terminal conditions, such as oral cancer.
What Actions Qualify as Dental Malpractice?
Many dental malpractice claims come from routine procedures rather than intensive dental surgeries. Extraction procedures, for example, are one of the most common sources of dental malpractice claims. Even simple procedures can lead to permanent injuries, such as severed nerves, fractured jaws, or perforations of the sinus cavity.
There are many types of dental malpractice, including:
- Failure to tell the patient about the risks, benefits, and alternatives for a procedure.
- Nerve, bone, and muscle injuries from procedures such as tooth removal, root canals, implants, or other routine dental work.
- Infections caused by improper sterilization procedures.
- Pulling the wrong teeth during an extraction.
- Puncturing the sinus cavity during a procedure.
- Anesthesia complications or the misuse of pain medications.
- Failure to refer the patient to a specialist when needed.
- Misdiagnosis or failure to diagnose oral disease, cancer, or tumor.
- Failure to supervise dental assistants.
- Missed diagnosis of conditions due to the lack of standard testing measures, such as skipping x-rays.
- Performing an incorrect procedure.
If you suspect injustice as a result of dental malpractice, you owe it to yourself to contact an experienced attorney today.
Compensation Available from Damages in a Dental Malpractice Case
Dental malpractice may cause serious injuries that may result in hefty medical bills, additional corrective dental work, loss of wages, and permanent suffering. It may also impact the patient’s ability to help around the house, raise children, and support their spouse.
A lawyer can help file a dental malpractice lawsuit, which means you are suing your dentist or the company they represent. It is essential to have an experienced dental malpractice attorney by your side to collect evidence, interview experts, and handle litigation to develop a winning case. Don’t become one of the thousands of patients who fail to hold their dentist accountable for their negligence and incompetence. Consult with an experienced lawyer to learn more about the compensation you may deserve.
Filing & Winning a Lawsuit in a Dental Malpractice Case: Proving Your Case
A great dental malpractice attorney is essential to help win a lawsuit. They will have the expertise, experience, and resources needed to help develop a strong claim.
Generally, there are four essential elements to proving negligence in a dental malpractice case:
A Dentist’s Duty
Dentists are legally obligated to comply with established standards of care. Standards of care dictate that dentists should provide competent service aligning with how other dentists act in their position.
Breach of a Dentist’s Duty
There is a standard level of care that patients expect when it comes to medical or dental services. If a dentist failed to uphold their duty to provide suitable dental service, you might have grounds to sue. An expert’s testimony is essential to establish that the patient’s harmful treatment would not have occurred if they went to another dental practice.
Causation of Injury Due to Breach of the Dentist’s Duty
An attorney must establish that the patient’s injuries directly resulted from the dentist’s breach of duty. By proving the causal relationship of the injuries based on negligence, a lawyer can argue that injuries would not have been sustained in ordinary circumstances.
Damages Suffered Due to Injury Caused by the Dentist’s Breach of Duty
The final element of a winning dental malpractice case is calculating damages sustained due to the dentist’s negligence. Once an expert dental witness verifies that the injuries would not have occurred with a competent physician, an attorney must calculate all possible damages due to the dentist’s breach of duty, including:
- Loss of earnings due to recovery time.
- Financial costs of additional dental and medical treatments to fix the dentist’s mistakes.
- Psychological and emotional trauma.
Since there are many variables to consider, an attorney will ask for appropriate compensation to reflect the severity of the dental error, injuries, pain, and comparisons to similar cases in the past.
The Dental Malpractice Lawyers at Farah & Farah Can Help
After experiencing dental malpractice, you may be wondering what to do next. Getting in touch with an experienced dental malpractice lawyer can help put you on the path toward restoring your losses. You shouldn’t have to bear this burden alone. Let the experienced attorneys at Farah & Farah guide your case.
You deserve to seek justice for your injuries. Our attorneys may be able to help you recover compensation from dentists, orthodontists, or oral surgeons. Contact us for a free, no-obligation case review now!