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Can I Sue My Dentist for Medical Malpractice?

On Behalf of | Jun 20, 2022 | Medical Malpractice

You’ve finally gone to a dentist to treat that bothersome tooth, but has the care provided left you with an infection or pain worse than the original problem? If this happens you may be able to hold those responsible accountable by filing a medical malpractice suit against the dental professional that caused you harm.

This article will cover what medical malpractice against a dental professional is, whether you are eligible to file a medical malpractice suit against your dentist after receiving negligent care, and what damages may be recovered in a medical malpractice case.

What is dental malpractice?

Dental malpractice occurs when a dentist or other type of dental professional acts in a way that deviates from accepted norms of practice and causes patients harm due to professional negligence. According to the National Practitioner Data Bank, up to 15% of medical malpractice claims involve dentists with the four most common forms of dental malpractice including the following:

  • Infections that are caused by improperly sterilized instruments and dental unit water lines.
  • Failure to diagnose and treat periodontal and implant infections.
  • Root canal infections.
  • Infections from medication-related osteonecrosis of the jaw.

When can I file a medical malpractice claim against a dentist?

Dentists are not always liable when something goes wrong, but if your injury was a result of negligence you may be eligible for compensation. According to the National Library of Medicine, a patient alleging medical malpractice must generally prove four things to be successful in their claim:

  • The existence of a legal duty on the part of the physician to provide care or treatment to the patient— generally established by the professional relationship shared between a dentist and a patient.
  • A breach of this duty through the failure of the treating dentist to adhere to the standards of the profession— would another dental professional reasonably act in the same way?
  • A casual relationship between such breach of duty and injury to the patient.
  • The existence of damages that resulted from the injury.

What damages and penalties are recovered in a dental malpractice case?

Each case is different, but if defendants are found liable for medical malpractice, they will be required to pay damages. In addition to these damages and penalties, they may lose their dental practice or be disqualified from practicing.

Where should I report my dental malpractice case?

Injured parties wishing to file a report against a dentist should seek out an experienced attorney to initiate a medical malpractice lawsuit and potentially be compensated for their time, pain, or suffering. Reach out to a trusted attorney as soon as possible to get your case started in Maryland, New York, Washington DC, Pennsylvania, Tennessee, and beyond.

Contact the Experienced Medical Malpractice Attorneys at Peter Angelos Law

When it comes to a medical malpractice lawsuit, seeking support from a powerful, experienced, and dedicated attorney is paramount to success. At Peter Angelos Law, we have a team ready to work with you and guide you through a successful suit. For valuable assistance with your case, contact us today to speak with a member of our team.