attorney who sues dentist

Can you sue a dentist for dental malpractice?

Oct 14, 2016 · If you believe you may have a reason to sue a dentist, you may want to discuss your case with an attorney. Our attorneys at Ginsburg & Associates Trial Lawyers have the knowledge and experience to go to work for you and help you understand your rights. If you believe you have a reason to sue a dentist, contact us today.

What does a dental malpractice lawyer do?

Reasons to Sue a Dentist. Dental malpractice is a serious legal ground for suing a dentist. These constitute a variety of incidents that result in injury during a dental procedure. The most …

What do you need to know about a dental injury lawsuit?

Oct 26, 2020 · Improper or unnecessary treatment; Severe oral infections; Misdiagnosis; and/or. Unnecessary surgery. It is possible to sue a dentist for nerve damage. Severe nerve damage to …

What is the discovery process for a dental malpractice lawsuit?

Contact Morgan & Morgan for a free and confidential case evaluation. Suing a Dentist for Medical Malpractice In order to sue your dentist for pain and suffering, you must prove that they were …

Can you leave a dentist without pain?

When we visit the dentist, we usually expect a bit of discomfort; however, we never expect to leave the dentist suffering any additional harm. Although dental visits are often painful for some of us, they are completely necessary for our dental health. A few moments of discomfort, we can leave without the dental issues that we previously had, only to return either for our next routine check-up or for additional dental issues that we develop. After a dental procedure, we expect to in good health; we never expect to be worse. Unfortunately, many dental patients do not leave their dental appointments in a better condition that which they arrived. Instead, they leave harmed, dealing with issues that could have been avoided if the dental staff that treated them had been competent. When you visited the dentist, did you ever think that you would be the next victim of dental malpractice? You likely trusted that you would be in good hands – whether you were going in for a routine cleaning or for a complicated oral surgery. Dental malpractice is unfortunately, common, and you might be entitled to compensation if you were harmed because of the negligent actions of a dentist or other dental staff.

Can you get compensation for dental malpractice?

Dental malpractice is unfortunately, common, and you might be entitled to compensation if you were harmed because of the negligent actions of a dentist or other dental staff. People routinely go to the dentist while afraid, and although injuries do not happen most of the time, there are accidents that can occur.

Can you go to the dentist when you are afraid?

People routinely go to the dentist while afraid, and although injuries do not happen most of the time, there are accidents that can occur. Some of these accidents lead to lasting or permanent damages, and it is not unheard of for the dentist or the dental office to rebuff any attempts to be compensated.

Why do people go to the dentist?

The Importance of Going to the Dentist. Naturally, everyone goes to the dentist for various reasons. The most common reason is to get a cleaning. In a routine cleaning, a dental staff member will take x-rays of your teeth to see their health. The dentist will then scrape plaque off your teeth and gums.

Can dental malpractice be serious?

Regardless of the complexity (or lack of thereof) of the procedure, there is a risk that something could go terribly wrong – resulting in dental patients suffering significant harm. Dental malpractice injuries can be serious.

Can a dentist cause nerve damage?

Dental malpractice injuries can be serious. Many times the injuries occur while the patient is under anesthetics and cannot respond to pain. As a result the dentist can cause extensive oral nerve damage by drilling through nerves and other oral tissue.

Is dental malpractice medical malpractice?

Dental malpractice is not too different from medical malpractice. Dentists have a duty of care to their patients, and they must take every measure necessary to protect them. If they injure the patients, they must be held responsible for the ensuing damages.

Can you sue a dentist for a bad dental procedure?

Anyone can choose to sue their dentist for a bad dental procedure. This is called a dental malpractice lawsuit, and it is part of the medical malpractice practice area within personal injury law. To sue your dentist, you will need to show that they didn't follow the standard of care required by the dental profession and their failure caused your ...

Can you sue a dentist for malpractice?

To sue your dentist, you will need to show that they didn't follow the standard of care required by the dental profession and their failure caused your injury. A malpractice attorney is the best person to listen ...

What happens if you don't approve a dental procedure?

If the dentist did a procedure you did not approve, or the work they did caused an unexpected injury, such as permanent nerve damage, you should explore a dental malpractice claim. Keep in mind that soreness after the dentist can be expected and last weeks.

Can you say a root canal was wrong?

For example, an oral surgeon performing a root canal on the wrong tooth is a horrible accident. However, you can't just say it was wrong. You will need to get dental records and evidence from the dentist to show it was wrong. Some dental offices will try to avoid releasing this information.

Is there a dentist-patient relationship?

There was a dentist-patient relationship. This is easily proven if you have receipts, insurance statements, or emails about the appointment date. Going to see the dentist implies a "duty of care," which means the dentist has a legal obligation to help you during the appointment.

What is a breach of duty?

What the dentist did was wrong. This is called a "breach of duty" and means the dentist did not follow an acceptable standard of care. Think of it this way: If another competent dentist would not have done what your dentist did, you may have a good case.

What does breach of duty mean in dentistry?

This is called a "breach of duty" and means the dentist did not follow an acceptable standard of care. Think of it this way: If another competent dentist would not have done what your dentist did, you may have a good case.

Reasons to Sue a Dentist

Dental malpractice is a serious legal ground for suing a dentist. These constitute a variety of incidents that result in injury during a dental procedure. The most common injury that requires a lawsuit is nerve damage to the facial and oral cavity. The list below shows more common reasons to sue a dentist:

What Do You Need to Prove When Suing A Dentist?

Suing a dentist for negligence will require the same legal elements as personal injury torts. For the plaintiff to have a case against the defendant that holds in court, you must prove the following:

How to Sue a Dentist for Malpractice

The procedures for filing a lawsuit against a dentist will vary depending on each state’s laws and statutory requirements. You also need to look into the proper court to file the lawsuit. For cases involving minor injuries such as a substandard crown or a fumbled root canal, suing in small claims court would suffice.

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In theory, suing a dentist may seem plain and simple. But in practice, it involves a lot of bureaucracies, forms to fill up, and demand letters to draft. Let DoNotPay handle it for you! Our robot lawyer will help streamline the suing process for you. All you need to do is:

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Can you sue a dentist for malpractice?

Dental Malpractice occurs when a dentist or other dentist office staff member performs a negligent or reckless act that results in an injury to the patient. If during the course of a dental exam, procedure, or surgery you experienced a significant injury that would not have otherwise resulted if the examiner or dentist had done his or her job properly, you may be able to sue the dentist and/or dental office . Additionally, if a dentist or dental examiner failed to diagnose or treat a medical issue that would have been found or treated by a dentist or examiner exercising a high level of medical proficiency, and you suffered an injury as a result of this failure, you may also have a case.

What is dental malpractice?

Dental Malpractice occurs when a dentist or other dentist office staff member performs a negligent or reckless act that results in an injury to the patient. If during the course of a dental exam, procedure, or surgery you experienced a significant injury that would not have otherwise resulted if the examiner or dentist had done his ...

What happens if a dentist fails to diagnose a medical issue?

Additionally, if a dentist or dental examiner failed to diagnose or treat a medical issue that would have been found or treated by a dentist or examiner exercising a high level of medical proficiency, and you suffered an injury as a result of this failure, you may also have a case.

Can a dentist sue for malpractice?

Suing a dentist for medical malpractice will likely utilize the same legal principles as personal injury torts. The injured party (known as the plaintiff) must prove the following elements in order to be successful in a lawsuit against the dentist (known as the defendant): Duty: The dentist must owe a duty to you.

Can you sue a dentist for nerve damage?

Improper use of dental instruments, or improper administration of anesthesia; Improper or unnecessary treatment; Severe oral infections; Misdiagnosis; and/or. Unne cessary surgery. It is possible to sue a dentist for nerve damage. Severe nerve damage to the face, lips, jaw, or tongue may constitute a lawsuit against a dental provider.

Can you sue a dentist for a root canal?

Suing a dentist in small claims court may prove more successful for those cases involving injuries such as an inadequate crown, or botched root canal. If you would like to pursue a dental malpractice claim in small claims court, you must first obtain a report from another dentist.

Can you sue for pulling a tooth?

It may be difficult to win a lawsuit for pulling the wrong tooth. Although pain is experienced, it is usually not considered to be enough of an injury to sue for. This is because the injury can usually be easily corrected. The dentist could provide the patient with two implants free of charge.

Can a dentist sue you for pulling out a tooth?

If the dentist actually believed that they pulled out a tooth that was causing your pain, and then later determined that the tooth was not the cause of the pain, a patient may only sue if the dentist should have known it was the wrong tooth. “Doing bad work” may not be a successful claim.

Can you file a lawsuit for dental malpractice?

What this means is that, generally speaking, dental injuries are not considered substantial enough to constitute filing a lawsuit. Dentists must maintain a professional standard of care when working in and around a person’s mouth.

Can a dental injury be sued?

What this means is that, generally speaking, dental injuries are not considered substantial enough to constitute filing a lawsuit. Dentists must maintain a professional standard of care when working in and around a person’s mouth.

Suing a Dentist for Medical Malpractice

In order to sue your dentist for pain and suffering, you must prove that they were negligent and that you’re entitled to compensation. In order to win a claim against your dentist, you must prove several different elements.

Common Dental Medical Malpractice Issues

Every medical malpractice case is unique, but there are some common dental issues that give rise to a medical malpractice claim, including the following:

FAQs

Truthfully, you might not know right away—or ever—if what you experienced was medical malpractice. This is where an experienced attorney comes in. Lawyers who have been handling these cases for decades know what to look for in this type of case. Contact an experienced lawyer to help you determine if you have an actionable medical malpractice claim.

John David Kelner

Only a tiny handful of lawyers handle dental cases, so easiest to Google dental malpractice lawyer.

Christian K. Lassen II

Since you will have to comply with the malpractice pre-sceening requirements be sure you find someone familiar with them. But, your damages are probably not large enough to support a lawsuit.

Clifford M. Miller

My suggestion is to speak to both a dental malpractice attorney and a consumer fraud attorney - best of luck getting this resolved.

Theodor Kaplun

You need to find a lawyer who handles medical negligence cases that is interested in investigating the claim. From what you present I doubt you will find any interest. These cases are very expensive and very risky to pursue. In addition your state has been under control of the Republican party and even worse more recently T-people.

Philip Anthony Fabiano

It shouldn't take one year and 40 visits to do one implant. Something is not right. Ask for a refund and/or file a complaint with the state dental association. She should probably seek follow up care elsewhere.

Andrew Y. Kim

I think it's time to find a good orthodontist, get a second opinion, then ask #1 for a return of your money. Otherwise she is having someone operate on her who isn't happy with her--not good.

Can a dentist be sued for malpractice?

Like any other medical professional, dentists in the U.S. can be sued for malpractice if they fail to provide the acceptable standard of care. This might happen if a dentist leaves a broken instrument in your mouth, or if you suffer an injury as a result of the dentist's negligence. Malpractice suits are complex, ...

Do you need a certificate of merit for a dental malpractice lawsuit?

Some states require you to provide a certificate of merit from another dentist before you can proceed with a dental malpractice lawsuit. Even if your state doesn't require a certificate, you'll still need dentists to testify regarding the treatment and your dentist's standard of care.

What is statute of limitations in dental malpractice?

A statute of limitations is a deadline for filing a lawsuit. For dental malpractice, this deadline is measured from the date your injury occurred in most cases. These deadlines are relatively short for all personal injury cases, and can be even shorter for malpractice lawsuits.

How long do you have to file a malpractice claim?

These deadlines are relatively short for all personal injury cases, and can be even shorter for malpractice lawsuits. Typically you only have 1 to 2 years from the date your injury occurred to file a lawsuit.

Where to file a malpractice lawsuit?

Identify the correct court. In most cases, you'll file your malpractice lawsuit in the general state civil court located in the same county as your dentist's office. Some states have special courts that exclusively handle malpractice cases.

Who is Jennifer Mueller?

Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006. This article has been viewed 12,565 times.

How to start a dental history?

Start creating a file with all the documents and information you have concerning your dental treatment. Include bills or forms from previous appointments with the same dentist, as they'll help establish your dental history. Keep receipts of any expenses or losses you incurred as a result of the injury you sustained.