How can my lawyer prove dental malpractice?

  • Posted on: Oct 6 2021
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If you have suffered the physical, emotional, and financial pain of dental malpractice, it is time to contact an experienced dental negligence attorney. Residents of New York City and its surrounding counties are lucky to have access to Lance Ehrenberg, Esq., the principal dental malpractice attorney of Dental & Podiatry Malpractice of New York. He has the well-honed skills to win you the damages you deserve. 

Common Types of Dental Malpractice

It is likely that the dental negligence you’ve experienced fits into one of the following categories:

  • Failure to diagnose
  • Misdiagnosis
  • Surgical errors (e.g extracting the wrong tooth)
  • Unnecessary surgery
  • Prescription or anesthesia errors
  • Improper treatment
  • Failure to monitor 
  • Failure to refer to a specialist
  • Lack of informed consent

No matter what type of dental negligence you have experienced, our dental malpractice attorney will treat you with respect and compassion and you will be charged no attorneys’ fees until we have won your case.

Elements that Constitute Dental Malpractice

To satisfy the legal components of dental malpractice, the following must be proven:

Duty of care

Duty of care means that you had a doctor-patient relationship with your dentist (i.e. you didn’t just ask him a question at a cocktail party). Therefore, she/he had a responsibility to care for you as any reasonably competent professional in the field would under similar circumstances. 

Breach of duty

Breach of duty means that your dentist was negligent, failing to fulfill his/her responsibilities as required by law.

Causation

Causation refers to the fact that your dentist’s misconduct was the direct cause of the resulting problem. For example, if your dentist prescribed the wrong medication, you suffered a severe allergic reaction to it, and medical evidence can draw a direct line between the two events, we may have a winnable case. On the other hand, if your dentist prescribed the wrong medication but your allergic reaction is found to be unrelated to the medication, we will not be able to bring a successful lawsuit for dental malpractice.

Damages

In order to pursue a case of dental malpractice, we must also be able to prove that your dentist’s misconduct resulted in real physical and/or economic damage. What this means is, in the above example, is — if the mistake was discovered before you ever took the medication, you are unlikely to have a winnable case. 

But, if you did take the wrong medication and have an anaphylactic reaction to it that resulted in physical and emotional trauma and additional medical expenses, we may well be able to win you compensation.

If all four of the above criteria are met, our attorney will fight vigorously, through agile negotiation or, if necessary, aggressive litigation, to win you damages for:

  • Medical bills caused by the injury
  • Lost income, present and future
  • Pain and suffering
  • Scarring or other disfigurement
  • Permanent injury or disability

In the case of a wrongful death, the closest family members may receive damages for end-of-life medical costs, funeral/burial or cremation expenses, and loss of emotional and financial support. Whatever the circumstances of your particular case, we will work tirelessly to bring you maximum compensation.

Contact Our Experienced Dental Malpractice Attorney to Discuss Your Options

No one expects or deserves personal injury while under the care of a healthcare provider. If your dentist has caused you serious harm, you are entitled to damages. Our capable dental malpractice attorney will do everything in his power to see that you get them. 

Posted in: Dental Malpractice