Dental Malpractice Lawsuit in 2024: Tips To Win Your Claim
Common dental malpractice injuries
- Adverse drug reactions.
- Crown and bridge treatment issues.
- Dental anesthesia complications.
- Dental implants.
- Extractions.
- Endodontic procedures.
- Injections.
- Periodontal disease.
- Orthodontics.
Types of dental malpractice lawsuit
There are different types of dental malpractice injuries that can happen as a result of dental negligence. Here are the most common dental malpractice lawsuits:
- Failure to diagnose conditions, such as oral cancer or TMJ.
- Failure to properly supervise or oversee staff, such as techs or hygienists.
- Failure to properly treat complications, such as an infection.
- Failure to refer to a specialist.
- Improper tooth extractions.
- Lack of informed consent for procedures.
- Wrongful anesthesia and administration.
Tips to win a dental malpractice case
To win your case and get a maximum settlement, you need to prove:
1. The existence of a duty of care
For a successful claim, you have to provide evidence that shows you have or had a dentist-patient relationship. It includes a copy of your appointment card, patient records, and insurance bills for treatments.
2. A failure to provide the necessary standard of care
When taking dental malpractice legal action, you need to prove your dentist has failed to provide the appropriate level of care and consideration. Here are the most common reasons for a breach in the standard of care.
- Complications related to the use of anesthetic or sedation.
- Failure to diagnose a dental or oral problem.
- Injury sustained as a result of the dental procedure.
- Nerve damage.
- Post-procedure infection.
3. Causation
For this, you need to prove a link between the breach of the standard of care and the damages that you have suffered. In such cases, your lawyer will work with you to find supporting evidence that proves causation.
4. Damages
In addition to subsequent pain and other physical injuries, damages also include:
- Cost of treatment to rectify the problem.
- Loss of earnings (because of time off work while receiving further treatment).
- Wrongful death, if you lost a family member because of dental malpractice.
- Physiological trauma endured.
If these damages are caused by the negligence of your dentist, any or all of the above may be considered reasonable in a Dental Malpractice Lawsuit.
Reasons to hire skilled and experienced lawyers
- Review the facts and evidence of your case to advise you on the potential outcomes for your case.
- Hire experts who are qualified to testify about your dentist’s malpractice.
- Minimize your liability.
- Work with actuaries and other financial professionals to help you get maximum compensation.
- Settles your case with the defendant or go to trial if necessary.
If you want a lawyer who cares about you and the outcome of your dental malpractice lawsuit, choose Ethen Ostroff. He and his professional connections ensure you get every dollar possible for what you went through.
