Detroit Dental Malpractice Lawyers
Just as we trust physicians to provide appropriate care for our overall physical health, we trust dentists to take care of and help maintain our oral health. Unfortunately, dentists do not always act with the care and responsibility that we expect, resulting in potentially serious health problems or harm that dramatically affects a person. When this is the case, the dentist or dental assistant may actually be guilty of committing dental malpractice, something for which they can be held accountable.
Unfortunately, as our team at Ravid & Associates, P.C., is aware, many people in Detroit suffer the repercussions of dental malpractice. From pain to unsightly teeth, dental malpractice can have a number of unwanted and serious effects. Fortunately, though, dental patients who have been harmed as a result of dental malpractice are entitled to financial compensation.
Repercussions of Dental Malpractice
Dental malpractice might take a number of forms and can have a wide variety of consequences. Some of the most common errors and their consequences include:
- Infections
- Fractures in the jaw bone
- Surgical error
- Anesthesia error
- Tooth extraction mistake
- Nerve damage
- Failure to diagnose mouth cancer
As a result of these acts of dental malpractice and their consequences, a person might not only suffer serious physical pain, but also emotional trauma and financial burdens. Fortunately, by pursuing a dental malpractice claim, many victims are able to get much-needed justice and compensation.
Frequently Asked Questions About Dental Malpractice
What qualifies as dental malpractice?
Dental malpractice refers to professional negligence by a dentist or dental care provider that results in harm to a patient. This occurs when the dentist fails to provide the standard of care expected in their field, which is typically defined by the practices of competent dental professionals. Examples of dental malpractice include negligence in diagnosis and treatment, errors in dental procedures, misdiagnosis of conditions, failure to secure informed consent from the patient prior to treatment, and improper administration of anesthesia or surgical techniques that lead to patient injury.
What are common types of dental malpractice?
There are several types of malpractice claims that arise in dental practice, including:
Unnecessary Tooth Extractions – Performing extractions that are not warranted by the patient’s condition.
Nerve Damage – This can occur due to improper procedures, such as a failed root canal or incorrect administration of anesthesia, leading to long-term pain or loss of sensation.
Anesthesia Errors – Mistakes in administering anesthesia, which could include dosage errors, administration of the wrong type of anesthesia, or failure to monitor the patient effectively, resulting in complications.
Misdiagnosis or Delayed Diagnosis of Oral Cancer – Failure to identify or properly address symptoms of oral cancer, leading to delayed treatment and exacerbation of the condition.
Defective Crowns or Dental Implants – The use of poorly manufactured or improperly placed dental prosthetics that can lead to significant complications and the need for further corrective procedures.
How do I prove dental malpractice?
Proving dental malpractice involves several key elements that must be established in court:
Duty of Care – You must show that the dentist had a legal obligation to provide care to you, which is established through the dentist-patient relationship.
Deviation from Standard Practices – You must demonstrate that the dentist failed to meet the standard of care recognized in the dental community, which typically involves expert testimony.
Causation – There must be a clear link between the dentist’s actions (or lack of action) and the injury you suffered, indicating that the malpractice directly caused the harm.
Damages – You need to provide evidence that you suffered harm from the malpractice, which may include physical injuries, emotional distress, or financial losses related to medical expenses or lost income.
How long do I have to file a dental malpractice lawsuit?
The time frame for filing a dental malpractice lawsuit—known as the statute of limitations—varies by state. Generally, patients have a window of two to three years from the date of the injury or from the point at which they discovered the malpractice. It’s crucial to consult local laws, as certain states may have specific exceptions or longer time periods for filing under particular circumstances.
What compensation can I receive for dental malpractice?
Victims of dental malpractice may be entitled to various forms of compensation to address the consequences of their injuries, including:
Medical Expenses – Coverage for past and future medical treatments needed as a result of the malpractice.
Pain and Suffering – Compensation for physical pain and emotional distress resulting from the injury.
Lost Wages – Reimbursement for income lost due to inability to work while recovering from the malpractice-related injury.
Corrective Dental Procedures – Payment for necessary corrective surgeries or treatments to fix issues caused by the malpractice.
Do I need a lawyer for a dental malpractice case?
Yes, hiring an experienced attorney specializing in dental malpractice cases is essential for successfully navigating the complexities of the legal process. An attorney can help you understand your rights, gather necessary evidence, and consult with medical experts to build a compelling case. They will also represent your interests during negotiations and in court, ensuring that you receive the compensation you deserve for your injuries. Legal expertise is crucial, as malpractice laws can be nuanced and vary significantly from one jurisdiction to another.
Contact Our Dental Malpractice Attorneys in Detroit
If you or someone in your family has been injured because of dental error, and you think that dental malpractice may be to blame, the attorneys of Ravid & Associates, P.C., can help you. Call (248) 948-9696 to speak with a member of our team in a free consultation and find out more about your options for filing a claim to get the justice and compensation you need.