How Dental Malpractice Cases Are Won

  • Posted on: Jun 24 2022
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Though not all bad dental outcomes are the result of dental malpractice, some are. Nonetheless, dental malpractice is difficult to prove, requiring a knowledgeable, talented dental malpractice attorney. If you believe you have been a victim of dental malpractice in New York, now is the time to contact Lance Ehrenberg, Esq. 

Because Lance Ehrenberg’s practice is focused primarily on dental malpractice, he has the extensive experience and consummate litigation skill necessary to win you meaningful compensation. It is also reassuring to know that your initial consultation with him is free and you will not be charged any attorneys’ fees until he recovers the damages.

How Dental Malpractice Is Proved

There are four legal requisites necessary to prove dental malpractice:

  1. A Dentist-Patient Relationship Exists

This means that asking questions of a dentist in an informal setting — e.g. a friend of a friend 

or your brother-in-law’s cousin — does not constitute a dentist-patient relationship. In order to prove that such a relationship existed, you must have visited the dentist in a professional setting. 

  1. The Dentist Was Negligent

Negligence is evidenced by the fact that the dentist did not adhere to established standards of care, that is the standards of care that would be used by a competent dentist under similar circumstances. Proving this requires the testimony of an expert in the particular field of dentistry to the effect that the dentist in question breached their duty of care to you.

  1. The Dentist’s Breach Caused Your Injury

Here again, the expert witness’s testimony will be invaluable since it will substantiate that the harm that came to you was caused by the dentist’s negligence and show that if the dentist had followed proper protocol you would not have been injured.

  1. The Injury Led to Specific Damages

A mistake that causes temporary discomfort is not considered dental malpractice. The injury you suffered due to dental negligence must be severe enough to have resulted in real damages, such as:

  • Loss of income
  • Medical costs to rectify the problem 

Types of Dental Negligence that Can Lead to Successful Legal Outcomes

There are a great many ways in which a dentist can betray a patient’s trust. Here are some examples of injuries that can result in settlements or positive verdicts for the plaintiff:

  • Failure to diagnose or misdiagnosis of a serious problem, e.g. oral cancer
  • Improper administration of anesthesia or medication
  • Failure to take or adhere to patient’s medical history
  • Avoidable damage during a dental/surgical procedure (e.g. nerve damage)
  • Postsurgical infection due to careless sterilization
  • Tooth loss, jaw or sinus injury, gum disease progression caused by dental negligence
  • Improper implants that cause pain or dysfunction
  • Failure to get informed consent for a dental procedure

Why You Need an Outstanding Dental Malpractice Attorney to Win

As noted, dental malpractice cases are challenging. Working with a dental malpractice attorney who has a history of successful outcomes provides you with the best possible chance of obtaining the compensation you deserve. 

Lance Ehrenberg has the excellent credentials and track record to ensure confidence in patients who have been through the ordeal of dental malpractice and its aftermath. He will provide the following services, while always treating you with compassion and respect:

  • Handle all negotiations with opposing attorneys and insurance adjusters
  • Investigate the dentist’s office and/or surgical site 
  • Examine all dental records and medical reports pertaining to your case
  • Check whether the defendant’s history includes any prior evidence of negligence
  • Interview witnesses and consult with experts who will testify on your behalf

Most importantly, he will fight aggressively for you both in and out of the courtroom.

Contact Our Experienced Dental Malpractice Attorney Today

Dental malpractice cases are won by excellent lawyers like Lance Ehrenberg. Contact him now and put yourself in capable, caring hands.

Posted in: Dental Malpractice