Dentists, like all medical practitioners, can be sued for medical malpractice. If you were hurt by a dentist’s negligence and you suffered damages because of it, then you likely have a good case for medical negligence.
There are several different considerations you must make when deciding whether you have a case and whether you plan to pursue your case by filing a medical malpractice claim.
The two most important things to consider are:
- Did poor dental treatment harm you?
- Did you suffer losses because of the poor care you received?
The Dentist’s Duty of Care
Medical practitioners of all kinds have a duty to provide a standard of care to their patients, and if they fail in that duty and you are hurt, then they can be held liable. But how do you know what is standard in the dental field when it comes to the level of care you received?
Most courts determine what is standard by examining what other medical practitioners in the same field would have done under the same circumstances.
If another dentist makes a statement that your dentist acted in a way that was inconsistent with standard treatment procedures, this likely means you have a good case.
Medical evidence of your injury and often a medical statement from another healthcare provider will be needed to prove and win a Louisiana case of medical malpractice.
Types of Dental Malpractice Cases
The other important element of your case is whether you suffered actual damages. It’s not enough to say that a doctor or dentist made a mistake; you must have actually suffered harm from the mistake.
To give you an idea of what would constitute a medical negligence claim, below are some common dental errors that could lead to a medical negligence claim.
- Misdiagnosis or failure to diagnose
- Anesthesia complications
- Injuries to oral nerves
- Root canal injuries
- Issues with tooth extractions
- Wrongful death
- Issues with bridges and crowns
What Types of Damages Did You Suffer?
When you’ve been injured because of dental negligence, you are owed compensation for your damages. Once you’ve gathered evidence and are ready to file your claim, below are some of the damages you could request be added to your case:
- Current and future medical expenses
- Pain and suffering
- Mental trauma
- Lost income
Get in Touch with a Dental Malpractice Attorney
Yes, you can sue for dental malpractice. You must be able to prove that the dentist did not provide quality dental treatment and that you were injured because of that substandard care. You must also be able to show that you suffered actual damages.
Filing dental malpractice cases can be difficult and malpractice cases often require additional steps that other personal injury cases don’t require.
Obtain legal assistance with your case by partnering with a dental malpractice lawyer at Spencer Calahan Injury Lawyers. To reach us and obtain a free case assessment, dial 225-387-2323 or fill out the contact form below.