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Claims Involving Children
Dental Malpractice Can Cause Serious Injuries
When people think of medical malpractice, they automatically think of physicians, surgeons or hospitals. What most individuals do not consider is the possibility that malpractice could have been caused by a dentist. According to the National Practitioner Database by the U.S. Department of Health and Human Services, one out of every seven reportable malpractice cases involved a dental professional in 2006. Complications arising from dental errors can be just as damaging as other malpractice cases.
Dental malpractice can be defined as the failure to provide reasonable care, such as failure to diagnose a condition, improper treatment or negligent dental work, which resulted in injury to the patient. A dentist owes the patient the duty to provide an acceptable level of care that coincides with the standard within the industry. Patients must also give their formal consent before dental work is commenced. When a dentist breaches the duty of care or fails to obtain the patient’s consent, there may be a legitimate dental malpractice case.
To have a successful dental malpractice lawsuit, the patient must show that the negligence or incompetence caused the injury and he or she suffered as a result. For example, if the patient was unable to immediately return to work or if the injury resulted in a permanent loss or disfigurement, the dental professional may be held liable. The negligence of the dental professional can be either intentional or unintentional and the amount of compensation awarded to the patient can be substantial.
There can be many different forms of dental malpractice and it is sometimes difficult to identify when malpractice has occurred. Dental errors can range in severity and may include the following:
• Failure to diagnose oral cancer or other diseases
• Nerve injuries to the tongue, jaw, lips or chin
• Numbness
• Loss of taste
• Extraction of wrong teeth
• Complications from anesthesia
• Wrong diagnosis
• Infections
• Oral surgery error
A victim of dental malpractice may be able to recover compensation for his or her injuries. Monetary damages may be awarded for pain and suffering, lost wages and medical expenses. Depending on the details of the case, the patient may also be entitled to punitive damages. A dental malpractice attorney will be able to go over the details of the injury to determine if malpractice was a factor in the injury. These cases can be complex and require a comprehensive understanding of the law. If you have been injured by dental malpractice in Florida, contact the Law Offices of Lilly, O'Toole, & Brown LLP for a free consultation.
Lilly, O'Toole & Brown, LLP
Lakeland Office: (863) 683-1111
Bartow Office: (863) 533-5525M
Sebring Office: (863) 471-0003
Lake Wales Office: (863) 676-1991
Haines City Office: (863) 422-1282
Wauchula Office: (863) 767-1111
Also providing legal assistance to clients from:
Wauchula, Lake Placid, Avon Park, Plant City, Brandon, and Valrico, Florida.
