When Are Dentists Liable for Dental Malpractice?

We all hear a lot about medical malpractice, but how does that apply to dentists? Are they treated the same as other doctors under Florida Medical Malpractice Law? Does Florida recognize dental malpractice? We answer these questions and more in today’s entry.

Understanding Dental Malpractice

Florida’s personal injury laws do indeed recognize dental malpractice as an actionable tort, meaning that victims are able to pursue compensation from negligent dentists just as they would from most other kinds of medical professionals.

Dentists are considered “health care professionals” under Florida law, and that means they are held to a standard of care. When dental professionals fail to meet that standard, they can be held liable for the full extent of the injuries they cause.

Unfortunately, dental malpractice cases aren’t easy. Florida imposes strict rules on medical malpractice claims, making it difficult for plaintiffs to obtain the justice they deserve. But at Kaire & Heffernan, LLC, we’ve helped countless clients overcome those hurdles and recover the full breadth of the compensation they deserve.

We work diligently to recover medical records, survey expert witnesses, collect relevant caselaw and evidence, and hold insurance companies accountable for dental malpractice. We understand that the impact of any dental mistake can be incredibly far-reaching, and we’re dedicated to pursuing the full value of your claim.

 Dental Malpractice Examples

There is no single definition of dental malpractice. Common examples include:

• Injuring the oral cavity, jaw bone, nerves, gum tissue, teeth, or surrounding bones or joints
• Pulling the wrong teeth
• Improperly applying dental implants (possibly causing nerve damage)
• Negligent application of anesthetic or other medications
• Negligent prescription of pain medication or other drugs
• Anesthesia errors
• Failure to properly administer antibiotics before or after a dental procedure
• Inflicting nerve damage
• Puncturing the sinus
• Negligence involving root canals, dental implants, dental bridges, or crowns
• Inappropriately touching a patient
• Failure to keep medical records in compliance with the law
• Failure to prevent, diagnose, or treat a serious condition or disease
• Failure to obtain informed consent (including failure to warn a patient about the potential risks of a procedure)
• Using improperly sanitized equipment / failure to maintain dental equipment
• Performing excessive, unwarranted, or unnecessary dental procedures
• Practicing without a sufficient dental license
• Failure to advise a patient of alternative treatment options

Get Help from a Miami Dental Malpractice Attorney

If you or a loved one has suffered injury because of dental negligence, the experienced Miami dental malpractice attorneys at Kaire & Heffernan, LLC can help. We take these cases on a contingency basis, which means we will not charge a fee for our services unless we recover compensation for your claim.

No one deserves to suffer from dental negligence alone. By holding health care professionals responsible for the important care they provide, we make dentistry and medical care safer for everyone.

Let us help you recover the justice you deserve. Call our office to schedule a free consultation today.