Yes, if your case meets certain legal criteria, you can sue your dentist for dental malpractice.
At DWK Law, our Orlando medical malpractice attorneys can help patients like yourself, or someone you may know, navigate the complexities of a dental malpractice claim.
This guide will outline what constitutes dental malpractice and how to pursue a dental malpractice claim if your dentist failed to provide the appropriate standard of care.
What constitutes dental malpractice?
Dental malpractice occurs when a dentist fails to provide competent dental care within the acceptable standard of care, resulting in harm to a patient such as yourself or a family member.
This can include a variety of situations such as:
- Improper treatment: Performing unnecessary procedures and/or negligent treatment in performing the procedure/surgery that leads to injury.
- Failure to diagnose: If a dentist fails to diagnose a dental condition or misdiagnoses a condition, leading to inappropriate treatment, this may be grounds for a dental malpractice claim.
- Negligent dental work: This includes errors like incorrectly placed crowns, bridges, or fillings that cause pain, infection, or other significant problems.
- Lack of informed consent: If a dentist performs a procedure without the patient’s informed consent, where the patient is not properly informed about the risks and alternatives of the procedure, this may give rise to a potential dental malpractice claim.
How to prove dental malpractice
To successfully prove a dental malpractice case, you typically need to prove the following four elements:
- Duty of care: You must show that your dentist has a duty to provide competent care, which is inherently established once a dentist-patient relationship is formed.
- Breach of duty: You must demonstrate that your dentist breached the standard of care that a reasonable, similarly trained dentist would have provided under similar circumstances.
- Causation: It must be proven that the dentist’s breach of that duty directly caused your injury.
- Damages: You must prove that you suffered quantifiable harm due to the malpractice. This can include additional medical bills, pain and suffering, lost wages, and more.
Under Florida Statutes § 766.102, medical malpractice claims, including dental malpractice, require corroborating testimony of a medical expert in the same field to establish that a breach of standard care occurred which caused the injury.
The presuit screening period of Chapter 766 is aimed at ensuring medical/dental malpractice claims are supported by qualified experts.
What to do if you suspect dental malpractice
At DWK Law, our experienced attorneys can help you understand the specifics of medical malpractice law as it applies to dental malpractice claims. Our firm offers the following:
- Free initial case evaluation: We will assess the details of your case and advise you on the viability of your dental malpractice claim.
- Expert resources: Our firm will dedicate the time and resources to help secure testimony from dental experts who can testify as to how your dentist was negligent.
- Legal representation: We represent you throughout the entire legal process, from negotiations with insurance companies to court proceedings, and all the way through trial, if necessary.
Think you may be a victim of dental malpractice? Call us.
If you believe you, or a loved one, have suffered due to your dentist’s negligence, you may have grounds to sue for dental malpractice. Proving such a claim requires a clear understanding of legal standards and strong representation.
At DWK Law, we are committed to providing our clients with the support and expertise needed to navigate these challenging cases and achieve a fair resolution.
Contact us today to discuss your case and explore your legal options.
