Comprehensive Guide to Dental Malpractice: When to Seek Legal Action

The Law Offices of James L. Arrasmith
dentist, dental care, dentistry

Introduction

Dental malpractice occurs when a dental professional fails to provide the standard level of care, resulting in harm or injury to a patient. While most dentists strive to deliver excellent care, instances of negligence can lead to serious dental injuries and health complications. This article explores dental malpractice in depth, discussing when it’s appropriate to consider a dental malpractice lawsuit and the steps involved in pursuing a dental malpractice claim.

Understanding Dental Malpractice

dentist, patient, dental care

Dental malpractice is a form of medical malpractice specifically related to dental treatment. It typically involves one or more of the following elements:

  1. Breach of Duty of Care: The dentist fails to provide care at the level expected of a competent dental professional.
  2. Negligence: The dentist’s actions or inactions fall below the accepted standard of dental practice.
  3. Causation: The dentist’s negligence directly causes harm or injury to the patient.
  4. Damages: The patient suffers measurable harm, such as physical injury, additional medical expenses, or pain and suffering.

Common Examples of Dental Malpractice

medical, dental, furniture
  1. Failure to diagnose or misdiagnosis of oral diseases (e.g., failure to detect oral cancer)
  2. Improper administration of anesthesia (local or general)
  3. Performing unnecessary dental procedures
  4. Causing nerve damage during dental treatment
  5. Errors in tooth extraction (e.g., extracting the wrong tooth)
  6. Failure to obtain informed consent before procedures
  7. Improper use of dental tools resulting in injury
  8. Failure to diagnose or treat periodontal disease
  9. Complications from dental implants
  10. Injuries to the temporomandibular joint (TMJ) during treatment

Proving Dental Malpractice: The Four Key Elements

dentist, dental care, dentistry

To successfully file a dental malpractice lawsuit, you typically need to establish four key elements:

  1. Existence of a Dentist-Patient Relationship: You must prove that you were under the dentist’s care, establishing that the dentist owed you a duty of care.
  2. Breach of Duty: Demonstrate that the dentist breached their duty by providing substandard care that falls below the accepted standard in the dental community.
  3. Causation: Show that the dentist’s negligence directly caused your injury or harm. This often requires expert testimony to link the dentist’s actions to your dental injuries.
  4. Damages: Prove that you suffered actual damages as a result of the dentist’s negligence, such as additional medical expenses, lost wages, or pain and suffering.

Steps to Take If You Suspect Dental Malpractice

dentist, dental care, dentistry
  1. Document Everything: Keep detailed records of all dental treatments, communications, and any issues you’ve experienced.
  2. Seek a Second Opinion: Consult another dental professional to evaluate your condition and the treatment you received.
  3. Obtain Medical and Dental Records: Request copies of all relevant dental and medical records related to your treatment and injury.
  4. Report to the State Board: File a complaint with your state’s dental board if you believe malpractice occurred.
  5. Consult a Dental Malpractice Lawyer: Speak with an experienced dental malpractice attorney to evaluate your case and discuss the possibility of filing a dental malpractice claim.

The Dental Malpractice Lawsuit Process

  1. Initial Consultation: Meet with a dental malpractice lawyer for a free consultation to discuss your case.
  2. Case Evaluation: Your attorney will review your dental records and may consult expert witnesses to assess the merits of your claim.
  3. Filing the Lawsuit: If your case has merit, your attorney will file a dental malpractice lawsuit against the defendant dentist or dental practice.
  4. Discovery: Both sides gather evidence, including depositions and document reviews. This may involve testimony from expert witnesses in dental procedures.
  5. Negotiations: Many dental malpractice cases settle out of court. Your lawyer will work to negotiate a fair settlement with the dentist’s insurance carrier.
  6. Trial: If a settlement isn’t reached, the malpractice case proceeds to trial.

Potential Outcomes of a Dental Malpractice Case

  • Financial Compensation: If successful, you may recover compensation for medical expenses, lost wages, pain and suffering, and future treatment costs.
  • Professional Consequences: The dentist may face disciplinary action from the state board of dental examiners.
  • Improved Dental Practices: Malpractice cases can lead to better practices within the dental community, benefiting future patients.

Challenges in Dental Malpractice Cases

  • Proving that your injury was caused by the dentist’s negligence and not a known risk of the procedure
  • Meeting the statute of limitations for filing a dental malpractice claim
  • Overcoming the complexity of dental procedures and terminology in court
  • Finding qualified expert witnesses to testify about the standard of care in dental practice

Preventing Dental Malpractice

As a patient, you can take steps to reduce the risk of becoming a victim of dental malpractice:

  1. Choose your dentist carefully, considering their qualifications and reputation.
  2. Ask questions about your diagnosis and proposed treatments, ensuring you understand all aspects of your dental care.
  3. Provide a complete and accurate medical history to your dental professional.
  4. Follow your dentist’s pre- and post-treatment instructions carefully.
  5. Report any unusual symptoms or complications promptly to your dentist or oral surgeon.

Did You Know?

  • Dental malpractice claims often require expert testimony from other dental professionals to establish the standard of care in certain procedures.
  • Some states have caps on the amount of damages that can be awarded in medical malpractice cases, which may include dental malpractice claims.
  • Many dental malpractice cases are settled out of court to avoid lengthy and costly trials.
  • Wrongful death claims can arise from dental malpractice in severe cases, such as complications from general anesthesia.

Conclusion

While most dentists provide high-quality care, dental malpractice can occur and have serious consequences for patients’ oral health and overall well-being. Understanding what constitutes malpractice, how to recognize it, and what steps to take if you suspect it is crucial for protecting your rights as a patient. If you believe you’ve been a victim of dental malpractice, consult with an experienced dental malpractice attorney to explore your options and ensure dental professionals are held accountable for substandard care.

FAQs

  1. Q: How long do I have to file a dental malpractice lawsuit? A: The statute of limitations varies by state, typically ranging from 1 to 3 years from the date of injury or its discovery. Consult a malpractice attorney promptly if you suspect malpractice.
  2. Q: Can I sue my dentist if I’m unhappy with the cosmetic results of a procedure? A: Dissatisfaction with cosmetic results alone isn’t usually grounds for a malpractice claim. You must prove that the dentist’s negligence caused actual harm or injury.
  3. Q: What if I signed a consent form before the dental procedure? A: Signing a consent form doesn’t protect a dentist from malpractice claims if they acted negligently. However, it may affect your case if you were informed of specific risks.
  4. Q: Can I file a dental malpractice claim for unnecessary treatment? A: Yes, performing unnecessary procedures or treatments can be grounds for a malpractice claim, especially if it resulted in harm or financial loss.
  5. Q: What types of damages can I recover in a dental malpractice case? A: You may be able to recover economic damages (e.g., medical expenses, lost wages) and non-economic damages (e.g., pain and suffering, emotional distress).

Remember, this article provides general information and should not be considered legal or medical advice. Always consult with a qualified dental malpractice lawyer and healthcare professionals for specific advice.

Related Terms: Experienced dental malpractice lawyer, dental malpractice lawsuits, prove dental malpractice, dentist failed, medical malpractice case, medical malpractice claims

Client Reviews

James Arrasmith is one smart attorney! He understood my problem and came up with a great solution right away. I can depend on him to listen and ask the right questions to get straight to my issues. His availability is...

Alan Murphy

Hiring James to handle my eviction / landlord tenant case is one of the best decisions I’ve ever made. He assisted me every step of the way and made the process smooth and easy. It was obvious that he truly cared about...

Monica Martínez alvarado

I've had a lot of attorneys in my life, and James is by far the best attorney that I've ever hired. He helped me with my case from start to finish and clearly explained the process to me without making it overly complex...

DD M

Great consultation, efficient, attorney. I needed possession of my home, Mr. Arrasmith acted swiftly and was able to provide me the information I needed to understand what could have been a lengthy process. Mr...

Nadia Faraci

James is an amazing attorney!! I had never hired a lawyer before (and was very nervous), but James took hours of his time to explain the entire procedure to me. He gave me a thorough consultation, and I was so impressed...

Ledi

James was the only person to answer the phone at 7am on a Saturday morning. My first phone call to him was as a scared and stressed woman with no idea on where to even begin to explain the sort of help I needed. James...

Renae Elise

James helped me with two landlord tenant issues. In both cases, I was able to expeditiously resolve my issue with the tenant. I appreciate his genuine care for his clients; a rare trait in an attorney. I would highly...

theresa26 r

I cannot begin to describe how amazing and reassuring it was to have James guide me through the most challenging moment of my life. When my mother let me know she would soon be passing from cancer and wanted to leave...

Tricia Matsis

James Arrasmith did a great job for me on my legal matter. From the first time I talked to him he was very professional and knew what he was talking about. I would recommend James Arrasmith to anyone who needs help with...

Alvin Warren

I can't express enough how much James put my heart at ease. He has really been dugiligant at getting things done vs what I have experienced before using other lawyers. Highly recommend James if your looking for trust...

Jeremy Rasmussen Finnif Skate

James Arrasmith is a fantastic attorney. He is respectful and knowledgeable! Always very responsive and really takes his time explaining everything so you can understand it. I would highly recommend you meet with James...

Andrew Noseworthy

Mr. Arrasmith was cocounsel on a complex case, but was able persuade a notoriously bad judge to go along with the resolution. He’s a fine lawyer that works hard to make sure he is prepared to win the case. I highly...

James Pearson

Highly recommend choosing James. He was extremely responsive always making sure I understood every step of the process. In addition, he would periodically check in with me before important decisions needed to be made.

Tulsi

He is experts and reasonable attorney.

Ahmad Ali Shinwary

Best attorney I ever worked with... he takes time to explain the whole process and and will make sure you are happy with his work. We did a living trust and he helped me with an eviction case. I highly recommend him!

Alina Cojocari

James is an excellent attorney. I recommend him to anyone who's looking for someone who cares and wants to help win their case! :)

Allen Esealuka

I had a few questions about my situation, I needed some legal advice so I went ahead and contacted the Arrasmith firm. James was very helpful and polite, I asked him about a dozen questions and will be pursuing llegal...

Amber Styles

I cannot begin to describe how amazing and reassuring it was to have James guide me through the most challenging moment of my life. When my mother let me know she would soon be passing from cancer and wanted to leave her...

Tricia

James is a professional with outstanding customer service. We hired him to take care of an issue for us and he delivered as promised. I highly recommend him if you have any ongoing legal issues. James it's absolute...

Aztec Gold99

He will go out of his way . The best lawyer in Sacramento!I don’t know what I would do without lawyer james.

Bryan

Very professional, understanding and willing to assist in any way he can. I am most definitely keeping James as my one stop shop lawyer.

Brad Naylor

I am so happy I found Mr. Arrasmith's law firm! I couldn't have been happier with my decision to hire James. He took my case from point A to point Z and kept me informed every step of the way. If I ever need an attorney...

Bryce Colburn

James is a wonderful addition to the legal community. He is hard working, bright and ethical. He goes the extra mile for his clients.

Caitlin Ross

He was a great attorney.

Devon Campbell

I contacted Mr. Arrasmith regarding a disability related inquiry for a family member. Mr. Arrasmith provided excellent and immediate responses to my questions. I felt as though he truly cared about the well being of my...

Anonymous

Great consultation, efficient, & positive attorney. I needed possession of my home, Mr. Arrasmith acted swiftly and was able to provide me the information I needed to understand what could have been a lengthy process...

Nadia

I had a few questions about my situation, I needed some legal advice so I went ahead and contacted the Arrasmith firm. James was very helpful and polite, I asked him about a dozen questions and will be pursuing llegal...

Amber

James is a great guy. He has helped me to start a very difficult case. That I was nervous to do. He has made me Confident that he will fight hard on my case.

Rachel

I am so happy I made a decision to hire James to help me with my case. He was very professional and assisted me every step of the way. I was able to get a very positive settlement on my case. I couldn’t be happier!

Ledi

James has helped me tremendously with my legal matter by going over all the forms with me and clearly explaining how to complete them. He has made everything easy for me. I am very glad I called James!

Patty

James did a great job helping us with getting our settlement. Followed up in timely manners and updates always provided. Thank you for your help!

Anonymous

Gave James smith a call late at night with an immediate answer, he is very quick to respond and was eager to answer any questions I had.

Erika

Mr. Arrasmith was great, he answered all my questions and was very helpful with my legal matter. Thanks again James.

Alvin

Mr. Arrasmith was great, he answered all my questions and was very helpful with my legal matter. Thanks again James.

Alvin

Mr. Arrasmith was cocounsel on a complex case, but was able persuade a notoriously bad judge to go along with the resolution. He’s a fine lawyer that works hard to make sure he is prepared to win the case. I highly...

James

I've had a lot of attorneys in my life, and James is by far the best attorney that I've ever hired. He helped me with my case from start to finish and clearly explained the process to me without making it overly complex...

Darren

James is a great lawyer! He is honest and very trustworthy. He will give you sound legal advice.

Jason Motto

Great service and customer service. Very professional too, thanks James and Maria!! Having a bilingual attorney who knows so many different aspects of the law is a BIG plus.

JC R

I found James online after an extensive search. He was knowledgeable and worked with me on a payment plan I could afford. I'm happy I picked him for dealing with my awful landlord. He helped me get the settlement I...

Jenn C

Lawyer James Arrasmith For me He very was very approachable and likeable as a person . I felt very comfortable with the knowledge, and information shared for our case. which we got desired result from. He to me is a...

John Davis

James is a wonderful lawyer and person! He is hardworking , ethical, quick and effective lawyer! He knows what he is doing.

Ka Saelee

James Arrasmith always does amazing job helping me with my landlord and tenant cases!! He is my go-to attorney when I need assistance in evicting tenants. I like how he also represents tenants as well as landlords - so...

Kerry Davis

No one likes to need an attorney, but when you do, James is amazing to have in your corner! He is smart, professional, patient, and always makes sure his client is comfortable and confident with the next steps. I refer...

Kristen Trexler

Best lawyer he will get the job done went out of his way totally

Larry Yabut

Mr. Arrasmith and his team are amazing. Mr. Arrasmith is very knowledgeable and has been amazing through our whole process. He treats people like a human being and not a paycheck, I would highly recommend him to...

Magan Mellinger

No one likes to need an attorney, but when you do, James is amazing to have in your corner! He is smart, professional, patient, and always makes sure his client is comfortable and confident with the next steps. I refer...

Kristen

I would highly recommend James. I did lots of research searching for a great Attorney in the area. He makes you feel hopeful during a difficult times. His knowledge and expertise was great!

Maria Guardado

I had a personal issue and needed to consult with a lawyer. James Arrasmith took his time to explain everything so that I could understand exactly what my options were and the best way to go about my next move. I would...

Mark Hodges

A Very Nice, Personable Attorney/Person!! He is Very Patient and Willing to Listen to My {Tour} Case/Problems>I would Highly Recommend James to Anyone Seeking Fair and Equitable Justice!! Mark, CA.

Mark Loeffler

Thank you Mr James for helping me. What a great attorney! If you need help call Mr Arrowsmith!

Marva Davis

I give James Arrowsmith Attorney at Law 5 stars not just because he supports and represents CAED (our Non- Profit Organization that works with children ) but also because of how decent a person I've found him ...

Marvell Wilson

I was sooooo nervous about my case until I called James. He literally made the entire process simple and easy for me. I cannot recommend him highly enough! He is the most amazing attorney I’ve ever had!

Peyton

James has helped me tremendously with my legal matter by going over all the forms with me and clearly explaining how to complete them. He has made everything easy for me. I am very glad I called James!

Patsa Hin-udom

I am Latina and my English is not very good, therefore the attorney made sure that there was an assistant who spoke Spanish and who translated everything he told me and answered all my questions. Excellent service, I...

Paula Barriga

James is fantastic! He answered all of my questions and gave me clear guidance. If you are looking for an experienced and knowledgable attorney, I highly recommend James. Amazing Lawyer!

peyton cooks

James has a very good heart. He takes his cases personally as if it was him. He is a very nice understanding guy

Rachel Ottley

James is very knowledgeable, professional, and dependable. He patiently guided me through my estate planning and pre-nuptial questions, and made both processes much easier for me to understand. Highly recommended.

Sanat Sahasrabudhe

James arasmith is an excellent attorney when I needed help or advice he was always there to answer my calls or emails a very kind person listens & cares.

Tariq Johnson

Thank you so much for being highly responsive. Making I understand every step of the process. As well as checking in with me before important decisions need to be made.

Tulsi Patel

Very friendly, personable, and professional. I was able to get through my legal issue relatively smoothly and had exceptional support through the entire process. Pricing was reasonable and the billing process was not...

V Cat

I had some legal questions, and contacted James Arrasmith Law firm. His response was quick, and very helpful.

vera vlasenko

I highly recommend James Arrasmith. He really listens to your needs & truly cares about his clients. He is very professional & provides great results!

Vicky Tisdale

Contact Us Now

CF-pic.png

(916) 704-3009