What Damages Can I Recover if I Win a Dental Malpractice Lawsuit?

  • Posted on: Jan 18 2022
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If you believe you have suffered personal injury as a result of dental negligence in the vicinity of  New York City, you have first-rate legal advice available and accessible. Contact Lance Ehrenberg, Esq. of Dental & Podiatry Malpractice Lawyers of New York for a free consultation to find out if you have a viable case. 

If so, dental malpractice attorney Lance Ehrenberg has the decades of experience you are looking for. His legal skills in this particular area are well-honed and he has a track record of successful outcomes both in and out of the courtroom.  

Once you become his client, he will do everything necessary — from examining dental and medical records and interviewing witnesses to consulting with supportive experts — to win you every dollar of compensation you deserve for all you’ve been through. More than that, he will work on a contingency basis, handling all communications with opposing attorneys and insurance companies without charging you any attorneys’ fees until he wins.

How Dental Malpractice Is Proven 

As a well-known dental malpractice lawyer, Lance Ehrenberg has all the necessary legal tools at his disposal to prove the four essential elements of dental malpractice:

  1. That you and your dentist were in a patient-doctor relationship and she/he owed you a duty of care
  2. That your dentist breached that duty of care by not behaving in the way a reasonable dental professional would have under the same circumstances
  3. That your dentist’s negligence caused you injury
  4. That your injury your dentist resulted in actual monetary losses

Common Types of Dental Malpractice

These include:

  • Failure to get informed consent
  • Faulty tooth extraction
  • Failure to diagnose (e.g. oral cancer)
  • Failure to treat complications, like infections
  • Failure to administer anesthesia properly and safely
  • Failure to refer the patient to an appropriate specialist

Damages Your Dental Malpractice Attorney Will Fight to Win

There are three types of damages recognized during dental negligence negotiations and courtroom litigation. If we win your case, you will most likely be able to receive at least two of these kinds of compensation:

General damages, also known as non-economic damages, are the intangible, but very real losses you have endured, such as pain and suffering and loss of enjoyment of life (e.g. ongoing difficulty chewing or emotional trauma as a result of facial scarring).

Special damages, also known as economic damages, are the out-of-pocket expenses you have had to pay as a result of your dentist’s negligence. Special damages include things like loss of income and uncovered medical and dental costs to repair injuries caused by your dentist’s negligence.

Specific Damages We May Be Able to Win

Depending on the specific circumstances of your dental malpractice case, we may seek damages to compensate you for several or all of the following:

  • Medical and therapy (physical, psychological, occupational) costs
  • Lost income, present, and future
  • Pain and suffering
  • Permanent disability 
  • Permanent scarring or other disfigurements
  • Loss of consortium
  • Loss of enjoyment of life

Though rare, dental malpractice sometimes results in wrongful death. If you have tragically lost a loved one to such an event, our dental malpractice attorney will fight aggressively to obtain compensation for the deceased’s final medical, funeral, and burial costs, and for the loss of financial and emotional support by you and other family members.

Contact Experienced Dental Malpractice Attorney Lance Ehrenberg Today

If you have been poorly treated by your dentist in a way that qualifies as dental malpractice, get in touch with our office at once. We will fight vigorously for your right to just compensation.

Posted in: Dental Malpractice