Dental care is an important part of maintaining your overall health. For the most part, good dental care involves obtaining regular cleanings, x-rays, and promoting quality brushing and flossing techniques at home. Sometimes, however, dental care becomes a bit more serious, including more involved techniques such as tooth extraction and cavity filling, or oral surgery like root canals and implants.
As with any other medical procedure, however, dental care has the potential to go wrong. If you experience injury due to a dental procedure that did not go as expected, you may wonder about your potential course of action. Can you file a dental malpractice lawsuit to recover damages you suffered as a result of your injury?
Just like other medical professionals such as doctors and surgeons, dentists, oral surgeons, and orthodontists risk liability for faulty procedures each time they care for a patient. If a dentist’s medical negligence results in injury to a patient, the patient may file a malpractice lawsuit to recover damages. However, the patient must ensure the presence of four essential elements of a malpractice case.
The four essential elements of a dental malpractice case are:
If you believe these four elements of a dental malpractice case are present and can help you prove a dentist caused you injury, you may have grounds for a personal injury lawsuit for dental malpractice.
As with medical malpractice, certain types of dental cases prove more likely to lead to malpractice. Common situations that form the basis for dental malpractice cases include:
In each of these situations, the dentist somehow failed to act according to the standard of care expected of a dentist in the situation. The breach of care resulted in a negative outcome for the patient, whether a missing tooth, worsening of a condition, or mental and physical anguish.
If you or a loved one suffered an injury as the result of negligent dental care, you could receive compensation for any damages incurred. However, it is essential you have all four elements of a dental malpractice lawsuit. Speak with a personal injury attorney regarding your options.