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Bronx Dental Malpractice Lawyer

Injured By a Dentist?

Just like doctors, dentists are legally required to treat patients in accordance with accepted standards of care. Let a Bronx dental malpractice lawyer explain the basics of this area of the law.

What is Dental Malpractice?

Dental malpractice is a legal term that describes dental treatment that falls below accepted standards of dental care that results in harm to a patient.  This can happen in many ways.  Some common dental malpractice cases involve:

  • Complications from surgery including facial numbness, nerve injury or loss of sensation;
  • Negligent root canal therapy that results in complications;
  • Extraction of the wrong tooth;
  • Anesthesia errors resulting in brain damage or wrongful death;
  • Broken files left in teeth;
  • Failure to diagnose or a misdiagnosis of an oral condition;
  • Delayed treatment that results in injury;
  • Misuse of dental tools resulting in gum or facial injury; and
  • Unnecessary dental procedures.
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While dentists are not required to guarantee a good result, they must use reasonable care in the treatment of their patients.  This includes knowing the patient’s relevant dental history and current complaints.  It also means that dentists are required to refer patients to a dental specialist when necessary.  

For example, if a patient needs a complicated tooth extraction, the standard of care could require a general dentist to refer the patient to an oral surgeon.  There are many specialists in the field of dentistry.  For example:

  • general dentist performs general dental work, and may refer patients to specialists when necessary;
  • An endodontist is a dentist that specializes in root canal therapy, and other procedures that involve the interior of the teeth;
  • A periodontist is a dentist who specializes in the prevention, diagnosis, and treatment of gum related diseases, as well as dental implants;
  • A prosthodontist is a dentist who specializes in the use of implants, cosmetics, crowns, bridges and other dental appliances;
  • An orthodontist is a dentist that specializes in the treatment of misaligned teeth;
  • An oral surgeon is a dentist that performs dental surgery.

How Do You Prove (and Win) a Bronx Dental Malpractice Case?

To prove a dental malpractice claim you must establish:

  1. A dentist – patient relationship;
  2. Dental treatment that was a departure from accepted standards of care; and
  3. That the injury or harm was caused by the departure from accepted standards of dental care.

The key to proving a dental malpractice case, is to establish that the treatment involved fell below accepted standards of dental care. To do this, every dental malpractice case, like all medical malpractice cases, must be screened by a competent medical expert.  Only after a dental expert reviews the case, and identifies the dental malpractice, can a lawsuit be started. To properly screen a case, the expert must usually review available dental records, x-rays and other testing results.

Bronx Dental Malpractice | Ask Questions – Get Answers

If you have any questions about your dental malpractice claim against a dentist,  contact our experienced Bronx dental malpractice attorneys by email or by calling (800) 762-9300 for more information.  You can also simply fill out one of our case intake forms and we will have one of our attorneys get right back to you.

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