Quality Legal Counsel For Victims Injured By Negligent Dentists
Dentists are health care professionals. When they treat a patient, they are held to the same standards as other medical providers. If you suffered harm because of the negligent actions of a dentist, you may have a claim for dental malpractice. Our lawyers at Kaire & Heffernan, PLLC, have decades of combined experience and have recovered millions of dollars for our clients over the years.
What Is Dental Malpractice?
When a dentist performs an invasive procedure such as tooth extraction or root canal with no reasonable medical purpose and no consent, they have committed dental malpractice. In other words, if a dentist does not obtain a patient’s informed written consent before performing an invasive dental procedure, they are committing dental malpractice.
In other cases, dental malpractice occurs when the dentist obtains proper informed consent from the patient, but the dentist performs the treatment negligently, and the dentist’s negligence harms the patient.
Under Florida law, a dentist must treat the patient with the same degree of care, skill, and treatment as a reasonably prudent dentist would under the same or similar circumstances. That standard does not mean that a dentist can, or is required to, guarantee any particular results for the patient. However, the dentist’s conduct must meet an objectively reasonable standard.
In order to recover on a malpractice claim against a dentist for negligence, you must prove all three of the following allegations:
- The dentist’s treatment of you did not meet the standard of a reasonably prudent dentist under the same or similar circumstances
- The dentist’s failure to act reasonably caused your injury
- You suffered damages as a result of the injury
In a dental malpractice claim, damages could include compensation for medical costs to treat the injury, lost wages, pain and suffering, disfigurement and more.
Examples Of Allegations Made In Dental Malpractice Cases
Some common types of dental malpractice include the following:
- Delaying diagnosis or treatment
- Failing to diagnose or treat oral conditions
- Failing to keep accurate records about each patient, including any complaints from the patient
- Failing to warn the patient of all the risks associated with a certain dental procedure
- Improperly prescribing medications for a patient
- Inappropriately touching a patient
- Mishandling anesthesia or other medications
- Performing dental procedures for which the dentist is not licensed or qualified
- Performing dental procedures to which the patient did not consent
In Florida, patients injured by dental malpractice have a limited amount of time in which they can file a dental malpractice claim. You have two years from the time your injury happens or two years from when you discover your injury to file a claim. It is best to contact an attorney immediately. If you don’t, you may lose out on valuable time to collect evidence and develop a winning strategy. This limit is called the statute of limitations.
How Were You Injured?
Dental malpractice can result in a broad variety of harms, including:
- Broken teeth
- Scarring and disfigurement
- Infection after surgery or treatment
- Injuries caused by anesthesia or other medications
- Periodontal (gum) disease
- Permanent damage to the nerves in the tongue, jaw, chin or lips
- Permanent loss of feeling or taste
- Permanent structural damage
- Temporomandibular disorders
- The need for tooth extractions
- Trigeminal neuralgia
- Wrongful death
When you hire our firm, you can expect experienced guidance, personalized attention and open communication throughout the duration of your case. We understand how difficult this ordeal has been for you and your loved ones, and we want to help you hold the at-fault party or parties accountable.
Contact Us Today For A Free Initial Consultation
If you believe or know you suffered an injury due to dental malpractice, please reach out to our attorneys at Kaire & Heffernan today for a free, confidential consultation about your case. You may contact us online or call us at 305-376-7860. Se habla español.