Dental malpractice occurs when the treatment provided by dental health care professionals falls below the acceptable standard of care causing serious personal injuries. Like other areas of professional malpractice, dental malpractice is a form of negligence. Dentists are usually working hard to make sure that their patients are well cared for, but there are far too many mistakes which could have been prevented. In fact, it has been estimated that 1 out of every 7 medical malpractice cases directly involves a dental malpractice issue.
A dental healthcare provider is not negligent simply because the intended result was not achieved or because the procedure resulted in an injury. It needs to be shown that the provider actually acted negligently under the circumstances. In a dental malpractice claim, it must be shown that the dental provider fell below what is called “the standard of care.” That is to say, the dental provider failed to act as a reasonable and prudent dental healthcare provider would under the circumstances. In court, this can only be proven through the testimony of dental or medical experts – other providers who do the same or similar procedures.
You may be able to secure the compensation you deserve for injuries caused by dental malpractice and dental error, including such cases as:
- Failure to inform the patient of all available treatment options and the associated risks and benefits related to each
- Failure to refer to a specialist
- Negligence in failing to properly diagnose oral cancer or periodontal (gum) disease
- Causing nerve damage by improperly placing dental implants
- Damaging the Lingual nerve or Inferior Alveolar nerve while administering anesthesia or when removing wisdom teeth or molars
- Incorrect use of dental anesthesia resulting in complication or even death
- Improper procedures which result in injury and damage
- Malalignment of teeth or bite malocclusion resulting from substandard dental procedures
- Failed dental procedures
- Faulty root canals, crowns, implants, veneers, or dental bridges resulting in injury and infections to the jaw, face and gums
- Tooth loss due to faulty restorations
- Injury to the temporomandibular joint (TMJ) after orthodontic treatment or restorative dentistry procedures
- Failure to perform a complete and thorough oral exam
- Not properly administering antibiotics prior to a dental surgical procedure
- Failing to diagnose or control an infection
- Use of faulty materials or products
- Medication error
New York Dental Malpractice Claims
Do you suspect that a dentist caused you or a loved one injury that could have been prevented or never should have happened? Wondering if it may have been a case of dental malpractice? Before determining whether your dental malpractice claim is valid, if you live anywhere in the State of New York, you should consult with my firm. As both a dental malpractice lawyer and a licensed dentist, using my unique combinations of backgrounds, I can help determine if your injuries were caused by dental malpractice and if your damages warrant the filing of a dental malpractice suit. You have the right to seek fair and full compensation for your present and future dental / medical expenses, diminished quality of life, lost wages, pain and suffering and more.
Get more information about your rights and my representation by contacting my New York Dental malpractice law firm today at (845) 558-8286 or through our contact form. Take Comfort – You will have peace of mind that an attorney who is a licensed dentist is providing professional representation for you.
