Suing Your Dentist for Malpractice
There are thousands of dentists in Florida who fix cavities and correct other dental problems. Ideally, you will leave the office feeling great about your smile and dental health. But what happens if the dentist causes more harm than they correct? Fortunately, you might be able to sue an incompetent dentist and hold them responsible for medical malpractice.
What Are Common Dental Malpractice Injuries?
An incompetent dentist can leave patients with devastating injuries, including the following:
- Permanent nerve damage in your jaw, chin, or lips
- Permanent loss of sensation
- Permanent loss of taste
- Structural damage to teeth and/or bone
- Infection after surgery
- Injury caused by improper application of anesthesia
- Death
If you suffered these or other complications after receiving dental treatment, you might be able to sue the dentist for compensation.
What Compensation Can I Receive?
Incompetent dentists leave their patients in a lot of pain. To compensate you, you can receive money damages for the following:
- Dental costs to treat the problem created by your dentist
- Lost wages if you could not return to work
- Lost future wages if your injury prevents you from returning to work in the future
- Physical pain and suffering
- Emotional distress, such as embarrassment, depression, grief, and irritability
- Loss of consortium for negative changes to your marital relationship
Each case is unique, and not all of our clients qualify for all of the above money damages. Nevertheless, you should meet quickly with a medical malpractice lawyer to analyze what compensation might be available to you.
What Must I Prove?
To win a medical malpractice lawsuit, you need to prove that you were the dentist’s patient and that their negligence caused your injuries. Typically, most cases revolve around whether the dentist was negligent, meaning insufficiently careful. According to state law, dentists must exhibit the same care that other competent dentists would in the same circumstances. If they don’t, then they have breached their duty of care to you and are legally responsible if they caused your injuries.
Sometimes the dentist’s treatment will be obviously negligent, but in other situations you might need an expert witness to establish what treatment a competent dentist would have provided in the same circumstances. At Bundza & Rodriguez, we have extensive experience presenting technical testimony in a way that juries can understand it.
How Much Time Do I Have to Sue?
Not long. Florida law gives victims of dental malpractice only two years to bring a lawsuit from the date of injury. If you wait too long, a judge will dismiss your case without compensation. You might think that two years is a long time, but it is very easy to let deadlines slip, especially if you are in a lot of pain. Rather than wait, reach out to a medical malpractice lawyer.
Speak with a Medical Malpractice Lawyer in Daytona Beach
If a dentist or other dental professional provided incompetent treatment, you might be entitled to financial compensation. At Bundza & Rodriguez, we will hold dentists accountable when their negligence causes serious injuries. Call us today for a free consultation.
Resource:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0766/Sections/0766.102.html
