Dentists and dental hygienists owe a duty of care to their patients. If they cause harm by providing substandard professional care, then they can be held liable for the resulting damages through a malpractice claim. Unfortunately, dental malpractice is a serious issue. According to statistics from the National Practitioner Data Bank (NPDB), dental malpractice claims account for nearly 15 percent of all medical malpractice lawsuits filed in the United States.
If you or your loved one was injured by a dentist, you need to know how to protect your legal rights. Here, our medical malpractice attorneys explain the most important things you need to know about dental negligence claims in New York.
What Is Dental Malpractice?
Dental malpractice occurs when a dentist or other type of dental professional causes patient harm through improper care. In practice, dental malpractice comes in a wide array of forms. Some of the most common examples include:
- Failure to diagnose a serious dental problem;
- Botched tooth extractions;
- Wrong tooth surgeries;
- Complications during a root canal procedure;
- Carelessness or substandard care causing nerve damage;
- Infections due to failure to sterilize equipment; and
- Errors with anesthesia.
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How to Prove Liability for Malpractice
All medical procedures, including dental procedures, carry some amount of risk. Dentists are not automatically liable if something goes wrong. To hold a dentist or dental practice legally liable for your injuries, you must prove that they committed malpractice. Put another way, a patient must prove that they received subpar dental care and, as a consequence, suffered actual harm.
Dental malpractice cases are complicated. These claims always require a comprehensive investigation by an experienced professional. Our medical malpractice attorneys have the skills and legal knowledge needed to help you prove malpractice—so that you can hold a negligent dentist accountable.
Financial Compensation for Victims of Dental Malpractice
Under New York law, injured patients can recover financial compensation for economic and non-economic losses. That being said, most dental malpractices are defended by large insurance companies. Even when liability is established, these insurers still fight to settle malpractice claims for the lowest amount possible. Experienced dental malpractice lawyers know how to help clients maximize their compensation. Depending on the specific circumstances of the case, a patient may be eligible to recover money damages for:
- Emergency room care;
- Dental & medical bills;
- Lost wages;
- Pain and suffering;
- Permanent disfigurement or impairment; and
- Wrongful death of a family member.
Get Help From Our Medical Malpractice Attorneys Today
At Richmond Vona, LLC, our medical malpractice lawyers fight aggressively to get our clients justice and full financial compensation. If you or your family member was a victim of dental malpractice, we can help. For your free, no strings attached case evaluation, please contact our law firm today. With an office in Buffalo, we handle medical malpractice claims throughout Western New York, including in Rochester, Batavia, Medina, Niagara Falls, and West Seneca.