Guide to Winning a Dental Malpractice Case

  • Posted on: Mar 17 2022
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If you have been a victim of dental malpractice in New York, you need an experienced dental malpractice attorney, one with a history of successful outcomes. Lance Ehrenberg, lead attorney of Dental Malpractice Lawyers of New York is just such a lawyer. He has decades of experience focused solely on dental malpractice and will give you the best chance of receiving the compensation you deserve. Contact him now for a free consultation to discuss your options.

Defining Dental Malpractice

Proving dental malpractice involves four basic elements:

  • Duty of care: the dentist had a professional relationship with the patient and therefore owed that patient competent dental care
  • Breach of duty: the dentist did not provide competent dental care
  • Injury: the patient was injured while undergoing a dental procedure
  • Proximate cause: the patient’s injury was a result of the dentist’s breach of duty

If your dentist has not treated you the way a reasonable dentist would under similar conditions, you may very well be a victim of dental malpractice and entitled to substantial damages. If this is the case, Lance Ehrenberg knows exactly what steps to take to prove your case. 

Direct Injuries Caused by Dental Malpractice

Though a broad range of injuries can result from dental malpractice, the following types are most common:

  • Anesthesia injuries, including wrongful death
  • Nerve injuries to the lips, tongue, and/or jaw
  • Fracture or dislocation of the jaw
  • Unnecessary surgery or tooth loss
  • Gum or tongue injuries
  • TMJ due to orthodontic treatment
  • Infection due to improper sterilization of equipment 

Errors of Omission Caused by Dental Malpractice

Dental malpractice cases can also be brought against dentists for any of the following reasons:

  • Failure to take the patient’s medical history of preexisting conditions into account, resulting in severe allergic reactions, internal bleeding, or other calamitous results
  • Failure to diagnose conditions such as periodontal disease or oral cancer 
  • Improper diagnosis resulting in worsening condition or unnecessary surgery
  • Failure to get the patient’s informed consent, especially for a procedure with serious risk
  • Medication errors relative to administration and/or prescribed dosage

The Importance of Expert Testimony

In the vast majority of dental malpractice cases, proving your case will require calling an expert witness to testify on your behalf. Dr. Ehrenberg, having worked in this specific area for many years, has a network of experts readily available.

Certificate of Merit Needed for Dental Malpractice Claims in New York

In New York State, as in more than half the states in the US, a certificate of merit is needed prior to filing a dental malpractice lawsuit. This certificate provides evidence that at least one licensed healthcare expert has reviewed the case and has concluded that there is a “reasonable basis” for the lawsuit.

This requirement is part of the New York Civil Practice Law & Rules section 3012-a and has been put in place to prevent frivolous claims since not only are such claims damaging to healthcare providers’ reputations but also increase the price of healthcare generally. It should be noted, however, that if your attorney cannot file a certificate of merit prior to the filing deadline, the lawyer may be given 90 days after the complaint is filed to comply.

In some cases, when the malpractice is deemed particularly egregious, the state may rule that the case is one that falls into the category of res ipsa loquitur (“the thing speaks for itself”) and, as such, needs no expert’s opinion to validate it. 

What Is at Stake in a Dental Malpractice Case

In either situation, it is vital to have a powerful, knowledgeable dental malpractice attorney at your side to win the damages you are entitled to for:

  • Medical costs
  • Lost income, present, and future
  • Physical pain and emotional suffering
  • Permanent disability or disfigurement
  • Loss of enjoyment of life

If you are suing on behalf of a loved one who has suffered wrongful death due to dental malpractice, Lance Ehrenberg will fight tirelessly to obtain compensation for your final medical costs, funeral costs, and loss of financial and emotional support.

Contact Our Experienced Dental Malpractice Attorney Today

The sooner you contact Lance Ehrenberg, the sooner he will be able to build a strategy to win your case and begin fighting for your right to just compensation. Contact him now to right the wrong that has been done. And remember, you will be charged no attorneys’ fees until he recovers damages.

Posted in: Dental Malpractice