Can You Sue for Dental Malpractice?
It would be best to have the ultimate confidence in your dental care providers. Unfortunately, when they make mistakes or errors, it can lead to devastating injuries and damages. When you have suffered due to your provider’s negligent actions, you may be entitled to financial compensation for what you have been through.
With help from a personal injury lawyer, you can sue for dental malpractice. Learn more about dental malpractice and how you can fight for the compensation and benefits you deserve.
Common Examples of Dental Malpractice
Multiple dental mistakes and errors could warrant a lawsuit or insurance claim. Some of the most common types of dental malpractice include:
- Delayed treatment
- Delayed diagnosis
- Failure to diagnose mouth cancer
- Performing procedures on the wrong teeth
- Nerve damage after tooth extractions
- Sinus perforation or infection
- Leaving surgical instruments in a patient
- Complications arising from dental implants
- Complications resulting from anesthesia
- Improper treatment of dental infections
- Complications resulting from dental injections
- Failure to prepare for adverse reactions to prescription drugs
These are just a few examples of instances where it may be necessary and appropriate to file a claim for dental malpractice. You can explore your options further when you review your case’s specific details with your dental malpractice attorney.
Your Legal Options after Dental Malpractice
When you have suffered a severe injury, illness, or damages due to your dental care provider’s negligent actions, there are multiple ways you can recover the compensation you deserve and hold the liable party accountable. Generally, this would involve pursuing a dental malpractice lawsuit.
Can You Sue a Dentist for Malpractice?
When dental malpractice is responsible for the injuries or damages you sustained, nearly anyone involved in your dental treatment and care could be held accountable. You might have grounds for a claim against your dentist, but a dental hygienist could also be liable.
You might have grounds for a claim against your endodontist. An endodontist might fail to clean out the inside of teeth during a root canal, fail to diagnose problems within the teeth, or otherwise make a careless mistake. You can hold them accountable in a civil case.
You might also sue your oral surgeon if they operate on the wrong teeth or part of the mouth. Surgical mistakes can cause you to develop an infection, damage nerves during operations, or fail to adequately prepare you for post-surgery complications.
Proving Dental Malpractice in Your Case
For your dental malpractice claim to be successful, your attorney must show how your dental care providers contributed to or are responsible for the damages. Having a chronology of events will go a long way in helping show that your dental care provider’s negligent actions are the cause of your injuries and resulting damages.
Some examples of evidence that could be used to support your case include:
- Dental records and treatment plans
- Copies of all communications between you and your dental care providers
- A copy of your patient history
- Photos of your injuries
- Statements from witnesses
Legal Elements of a Dental Malpractice Claim
To prove dental malpractice, your personal injury attorney must establish the elements of negligence. These include:
- The dentist or other dental care provider owed you a duty of care. You must have a healthcare provider/patient relationship with the dental care provider to owe you a duty of care.
- The dental care provider breached that duty of care. The dental care provider in question must have acted or failed to act in a way that was unreasonable, i.e., in a way that other healthcare providers of similar education, training, and experience would not have.
- The dental care provider’s negligent actions caused your injuries. Your dental malpractice lawyer must show that the dental care provider’s negligence directly caused the injuries you sustained.
- You suffered considerable injuries or damages due to your dental care provider’s breach of their duty of care. You do not necessarily need to suffer life-threatening or catastrophic injuries to be entitled to compensation. However, your life must have been considerably affected by the injury or illness you were diagnosed with to have grounds for a claim.
If your dental malpractice claim is successful, you can recover compensation for every loss. This includes restitution for your out-of-pocket, financial, and economic damages, and your non-economic damages as well.
You could recover compensation for pain and suffering, emotional distress, diminished quality of life, and other damages that may need to be quantified. You can learn more about the value of your claim and what is next for your dental malpractice case after reviewing your case with your personal injury attorney.
Meet with a Dental Malpractice Lawyer in Pennsylvania for Help Today
Recovering compensation when your dental care provider has caused you severe injury or illness can be the best way to hold them accountable and get through these difficult times.
Our respected Pennsylvania dental malpractice attorneys at Atlee Hall can help you maximize your restitution and bring the at-fault party to justice. You can reach us through our online contact form or by phone at (717) 393-9596 to schedule your free, no-obligation consultation as soon as today.