Q&As About Dental Malpractice

  • Posted on: Apr 7 2021
  • By:

If you have been a victim of dental malpractice, you know just how painful and disruptive dental injury can be. So does Lance Ehrenberg, Esq. of Dental & Podiatry Lawyers of New York who has been protecting the rights of dental malpractice victims for over 30 years. He has a well-earned reputation as both a talented litigator and a compassionate professional. The sooner you contact him, the sooner he can begin fighting to obtain the damages you deserve for the harm you have suffered.

How is dental malpractice defined?

Dental malpractice occurs when a patient is injured as a result of negligent dental work. The following elements must be present to prove dental malpractice:

  1. A dentist-patient relationship exists in which the dentist owes the patient a duty of care
  2. The dentist has breached that duty of care
  3. There is a causal connection between that breach and injury to the patient
  4. Measurable damage from the injury was caused by that breach

Basically, dental malpractice exists when dental care falls below the standard of care any reasonable dentist would follow. This definition is somewhat subjective. Because there are complexities to the law and, since each situation is unique, you will have to consult with a knowledgeable dental malpractice attorney to find out whether you have a viable case.

What are common types of dental malpractice?

As with other types of medical malpractice, dental malpractice lawsuits commonly include serious injuries that result from:

  • Failure to diagnose or misdiagnosis
  • Delayed treatment of oral disease that causes it to worsen
  • Intentional misconduct 
  • Unnecessary surgery or tooth removal
  • Mistakes during oral surgery, extractions, and root canals
  • Failure to take, or pay attention to, the patient’s medical history 
  • Failure to administer proper follow-up care
  • Serious infections, especially if caused by the dentist and/or if treatment is delayed
  • Failure to refer the patient to a specialist when necessary
  • Anesthesia complications

Whether your dentist has extracted the wrong tooth, misdiagnosed a cancerous lesion as benign, or prescribed a medication to which you had informed him you were allergic, you’re entitled to full compensation. If you have endured the misery of losing a loved one during a dental procedure, our practice will help you file a wrongful death claim.

What types of dental malpractice cases have the highest percentage of legal victories?

All medical and dental malpractice cases are challenging to prove. Botched extractions and surgeries (e.g. where a nerve was damaged), anesthesia errors, and failure to diagnose and/or send a patient on to a specialist tend to result in the highest percentage of plaintiff victories.

Why is it important to consult with a dental malpractice lawyer?

Though you may be tempted to accept your dentist’s offer of, for example, some period of free dental care or a particular treatment (e.g. teeth whitening) in exchange for signing a release form, you should always check with a savvy attorney before doing so. While such an offer may seem friendly and generous at the time, only an experienced dental malpractice attorney will be able to assess what your injuries are worth in terms of damages.

For one thing, the injury your dentist caused may continue to be troublesome or may result in permanent symptoms. For another, you may not be remembering to include all the costs associated with your injuries, such as lost income, pain and suffering, childcare, or disfigurement. Having strong legal advocacy can make a tremendous difference not only in the outcome of your case but in the amount of compensation you receive. 

Why is Dental & Podiatry Malpractice Lawyers of New York a good team to choose?

Lance Ehrenberg has a fine track record of winning tough dental malpractice cases at trial. He will listen carefully to the details of your case and work hard to create a winning strategy. Experience has taught him which tactics the opposing attorney is most likely to use and how best to counteract them.

Contact Us Today for Effective, Caring Legal Representation

You no doubt have other questions regarding your dental malpractice case. At Dental & Podiatry Malpractice Lawyers of New York, we have the answers. Call us for a free consultation to find out your best options. We will charge you no attorneys’ fees until we win your case.

Posted in: Dental Malpractice