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Dental Malpractice

Dental malpractice cases generally involve smaller verdicts and settlements than other types of medical malpractice cases. In fact, most dental malpractice cases are settled quickly without ever having to go to court.

 

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Dental malpractice claims may be settled with the aid of a medical malpractice lawyer who specializes in dental malpractice or through mediation or peer review.

There are times, however, when dental malpractice can result in severe injury and even wrongful death. It is important to file a claim for dental malpractice within the statute of limitations, which is typically 1 - 2 years, depending on state, so that the case can go forward.

Types of Dental Malpractice

  • Wrongful death due to dental procedures or anesthesia
  • Nerve injury to jaw, tongue or lips
  • Root canal injuries
  • Failed prostheses
  • Surgical injuries
  • Injury from dental lasers
  • Failed to diagnose or detect oral cancer
  • Treatment by unlicensed dentist

Like any healthcare professional, a dentist is held to a certain duty of care to their patients. Most dental malpractice cases involve negligence claims where the dentist owed a duty of care to the patient, there was a breach of that care, the breach was the proximate cause of the injury and the patient needs to be compensated for the injury.

In most cases of dental malpractice, the defendant dentist will be held to the standard he or she made a mistake that another "reasonable and prudent" dentist would not have made. In most cases, another dentist will need to be brought in to provide expert testimony to state that as a reasonable and prudent dentist they would have behaved differently than the defendant.

Research has shown the in dental malpractice cases, more favorable outcomes happen for those who take the time and make the effort to document their cases thoroughly. It is advisable for those who believe they have been victimized by dental malpractice to keep a journal documenting as they occur, the dental care, the injuries, ongoing symptoms and subsequent treatment for the injuries and symptoms. Documenting the sequence of events gives credibility to a claim for dental malpractice. Also, seek help from a personal injury attorney who specializes in this area of the law as soon as possible in order to avoid missing any important deadlines.

 


 

 

 

 

 

 

 


 

 


 

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