Dentists are medical professionals who provide oral health care. Many people visit their dentist for routine checkups. Others may see a dentist for emergency dental care after a slip and fall or another accident damaging their teeth or gums. As of 2021, over 146,000 licensed dentists practiced in the United States.
Unfortunately, patients can experience pain and incur additional medical expenses when dentists make medical errors. If you’ve experienced medical malpractice from a dentist, you can get legal help from our Tampa medical malpractice attorneys.
All medical professionals, including dentists, must provide patients with a reasonable standard of care. Malpractice occurs when a dentist fails to take typical actions when providing medical care. An example would be using dirty equipment after dropping it on the floor instead of replacing it with sterilized equipment. Malpractice can also occur if the dentist takes unwarranted actions, such as removing a healthy tooth without consent.
You can sue a dentist for medical malpractice. Patients who receive substandard dental care may have legal grounds to seek compensation from their dentist.
Any substandard dental care is grounds to pursue a medical malpractice case. These are some of the common reasons for dental malpractice claims:
To pursue a medical malpractice case against your dentist, you must take these steps:
Some states may require you to take additional steps. For example, anyone pursuing a Florida medical malpractice case must provide a pre-lawsuit notice of intent informing the defendant of their intent to sue. This notification provides the dentist with an opportunity to settle your claim before you file with the court. You must deliver the following to your dentist to comply with this legal requirement:
You can proceed with a court filing if you didn’t negotiate a settlement. Your filing should declare the following:
To establish medical malpractice, you must explain:
The statute of limitations is the time victims have to pursue legal action. These statutes apply to criminal and civil matters. Once the statute expires, it’s often impossible to seek compensation.
You must file a claim with the court before the statute of limitations expires. The statute of limitations is determined by the state where the malpractice occurred. For example, Florida gives victims two years to pursue personal injury claims. This means you must file your claim with the court within 730 days from the date of the malpractice.
After filing, you can take as long as required to resolve your case if you filed before the statute of limitations elapsed. Many medical malpractice cases take two years or more to resolve in court.
Proving your claim involves presenting evidence in court that persuades a judge or jury that the dentist committed medical malpractice. You may need the following to establish your claim:
Navigating the legal system can be overwhelming. Most people have limited knowledge about the legal system and how the courts operate. Consequently, if you try to prepare a legal claim yourself, you may struggle to learn about the law and gather evidence while recovering from your injuries. Medical malpractice lawyers use their expertise to prepare your case. They gather evidence, depose witnesses, and secure expert testimony to support your claims.
A dental malpractice lawyer represents you to ensure that your case is handled correctly. They apply their training and expertise to ensure that you get the best possible result in court. You have the right to have the attorney of your choice represent you in your dental malpractice case. Your attorney advises you of the law, takes legal action on your behalf, and speaks to the court and the other party for you. With the help of your dental malpractice lawyer, you can ensure that you recover top dollar for your dental malpractice claim.
Jack Bernstein, Injury Attorneys bring more than 30 years of experience to your case. These attorneys know the law and will pursue compensation for costs stemming from your injuries, such as medical bills, lost income, and pain and suffering.
Jack Bernstein personally oversees all medical malpractice cases. With 36 years of legal experience, Jack Bernstein ensures your legal team pursues every legal option available as they fight to ensure you receive justice. Contact us today for a free consultation and find out how we can help you receive the compensation you deserve.
Osherow, M. (2003). Florida Medical Malpractice and The Statute of Limitations.