We often associate malpractice lawsuits with medical doctors, but dentists and oral surgeons are just as likely to wrongly diagnose a serious dental problem, make a life-threatening mistake during anesthesia, or perform a procedure on the wrong tooth. The results of these errors can be devastating for victims, and it is imperative to hold dentists accountable. Seeking compensation through a dental malpractice lawsuit is often the best course of action. If you believe your dental injuries resulted from your dentist’s negligent actions, call the New York dental malpractice lawyers at Buttafuoco & Associates for help at 1-800-NOW-HURT.
What is Dental Malpractice?
Dental malpractice occurs when a dentist or oral surgeon causes harm due to a failure to diagnose, improper treatment, or lack of informed consent. If a court determines that a dentist made a harmful mistake that another reasonable dental professional would not have made under similar circumstances, it may qualify as malpractice. There are many situations in which dental malpractice can occur, including:
Failure to Obtain Informed Consent
Before a dental or oral surgeon performs a procedure, they are required by law to explain the risks inherent in the procedure. Additionally, they must explain any possible alternatives and obtain informed consent–either verbally or in writing–from the patient. If your dentist fails to obtain consent for a procedure that harms you, they may be found guilty of malpractice.
For example, a known consequence of dental implants is that they can result in infection and nerve damage. If you suffer these complications and were not informed of them prior to the procedure, they may be guilty of negligence. If, on the other hand, your consent was not obtained but you did not suffer any complications, it is unlikely that you have a claim.
Failure to obtain informed consent can sometimes be tricky to prove, so working with a dental malpractice attorney in New York may be in your best interest. Buttafuoco & Associates can apprise you of your rights and help you prove your case.
Surgical and Procedural Errors
Dental procedures and surgeries require significant skill and focus, and unfortunately mistakes are common. Some of the most common errors made by oral surgeons and dentists include:
- Extracting or altering the wrong tooth
- Anesthesia errors (e.g., too much, too little)
- Performing the procedure on the wrong patient
- Failing to assess risk of surgery
With surgical errors, regardless of whether you are harmed during the procedure or afterwards (such as in the case of an infection), you are still entitled to file a lawsuit to recover damages. Sometimes identifying who is at fault in these cases can be a challenge. For example, if a dentist fails to supervise a hygienist, nurse, or other employee and they make an error during surgery the dentist could have prevented, both parties may be liable for malpractice.
Because these cases can be complicated, working with a dental malpractice lawyer serving New York is among the best ways to ensure that you are able to prove your case.
Misdiagnosis/Delayed Diagnosis
If your dentist discovers a suspicious condition or test result that is beyond their level of expertise, they have a duty to refer you to a specialist such as an oral surgeon or oncologist for further examination. If your dentist fails to fully investigate your condition and it worsens, you may have an eligible claim for delayed or misdiagnosis.
In worst case scenarios, dental errors can result in wrongful death, also known as death by negligence, in which case the victim’s family is eligible for compensation for their loss.
How to Establish a Dental Malpractice Case
In order for your dental malpractice case to be valid, you need to prove that all of the items below are true:
- A doctor-patient relationship existed between you and the at-fault doctor.
- It was the dentist’s duty to provide you with a specific standard of care that a reasonable professional would provide under similar circumstances.
- The dentist breached the standard of care.
- You suffered injury and damages due to your dentist’s breach of care.
The first element requires that you are a patient of the dentist. For example, if you ask a friend who is a dentist for advice and they misadvise you, this would not qualify as malpractice because you were not technically their patient.
Next, the dentist must adhere to an accepted standard of care for your situation. For example, if you show signs of a severe cavity, the standard of care is to drill, treat, and seal the cavity space. If your dentist fails to treat the cavity, leading to infection and removal of the tooth, you can claim damages for an unnecessary loss of the tooth.
In the above example, the dentist’s failure to treat the cavity according to standard dental practice is a breach of the standard of care. The compensation you are owed could include medical treatments, pain and suffering, ongoing treatment, loss of ability to work, and more.
Again, dental malpractice cases can be difficult to prove on your own. A good attorney will ensure that you have expert witnesses, strong evidence, and reasonable arguments to support your case.
Filing a Dental Malpractice Lawsuit in New York
Under New York’s statute of limitations, you must file a claim for malpractice damages within two and a half years. If you suspect a dentist’s error caused you avoidable harm, contact a New York dental malpractice lawyer at Buttafuoco & Associates.
Our attorneys help clients gather evidence, establish their claim within the statute of limitations, and pursue a fair and full settlement. You may be entitled to damages such as lost wages, medical costs, and more.
Call 1-800-NOW-HURT or fill out our contact form for a free case review.
