Dentist pointing teeth x ray out to patient

Proving Wrongful Diagnosis in a Dental Malpractice Case

If you have suffered harm as a result of a wrongful dental diagnosis, you may have a viable claim of dental malpractice. If you are in the New York area, this is the time to contact Lance Ehrenberg, Esq. to discuss your options. Lance is a well-respected dental malpractice attorney with a long history of successful outcomes. He has the litigation skills and determination to fight aggressively to win you just compensation. 

Types of Wrongful Diagnosis

There are several ways a patient can be misdiagnosed. The dentist can fail to observe a problem (e.g. an oral lesion, pale or bloody gums) or fail to understand its significance. It is also possible for a dentist to fail to take a full medical history or to pay close attention to its contents. Dentists may also delay a diagnosis, of oral cancer, for example, resulting in delayed treatment that leads to severe illness or death.

A dentist can fail to diagnose or misdiagnose not only oral cancer, but gum disease, bone loss, anemia, diabetes, a bleeding disorder, bulimia, or even cardiovascular disease.

How Wrongful Diagnosis Must Be Proved in Court

In order for you to be awarded damages for a dental misdiagnosis, we must not only prove that you were misdiagnosed, but that your dentist’s wrongful diagnosis resulted in personal injury and financial losses. In other words, that your misdiagnosis had real negative consequences.

Evidence Our Dental Malpractice Attorney Will Gather to Bolster Your Case

Lance Ehrenberg has been successfully litigating dental malpractice cases for over 20 years, so he is well-prepared to investigate your dental records to discover whether your dentist failed to: 

  • Take a medical history
  • Heed relevant data in that medical history
  • Notice a visible oral problem
  • Pay attention to your complaint 
  • Follow up a suspicious finding
  • Take an X-ray or other test if warranted
  • Refer you to a specialist  
  • Contact your primary Doctor for medical approval

Lance will also discuss your case with other dentists or doctors who treated you subsequently.

The Importance of Expert Testimony in Proving a Dental Malpractice Case

It is essential to have the supportive testimony of an expert witness in cases of dental malpractice. Lance has a network of specialists, both dentists and doctors, to whom he can reach out as he readies your case for trial. Depending on the specifics of your claim, he may have an expert in one of the following disciplines testify on your behalf:

  • Oral surgery
  • Oncology
  • Orthodontia
  • Periodontia
  • Endodontia
  • Prosthodontia
  • Anesthesiology
  • Infectious disease
  • Pharmacology

An expert in the appropriate field will be invaluable in proving a wrongful diagnosis and establishing evidence of dental malpractice.

How Expert Testimony Is Persuasive in Court

Because expert testimony is critical in proving wrongful diagnosis, Lance Ehrenberg makes certain to consult with first-rate professionals who may be able to:

  • Identify a detail your dentist missed
  • Explain a procedure your condition warranted but your dentist did not perform
  • State that your dentist failed to order a necessary diagnostic test 
  • Explain why your dentist should have referred you to a specialist 

Any of the above will show that your dentist failed to meet the accepted standard of dental care and provide convincing evidence that your dentist is guilty of malpractice.

Contact Our Experienced Dental Malpractice Attorney Today

If your dentist’s wrongful diagnosis has caused you physical pain, emotional anguish, loss of income and/or loss of enjoyment of life, or if you have endured the loss of a loved one traceable to dental misdiagnosis, the time to take action is now. Contact Lance Ehrenberg, Esq. for the powerful legal representation you need and deserve.

About the Author
Of all the different areas in medical malpractice, it is podiatry malpractice that has had a particular interest to me. With 42 years practicing law and representing hundreds of victims of malpractice, I have created a law practice in which my clients are comfortable knowing that their case is being handled with my personal attention, in the most professional manner, and without unreasonable delays.