Exton Dental Malpractice Lawyer

Dental procedures should enhance your health, not cause harm. If a negligent dentist or oral surgeon injured you, you have the right to seek compensation. Let our Exton dental malpractice lawyer at Kingbird Legal fight for you. Call 484-289-4880 for a free consultation today.

Understanding Dental Negligence and How to Address Your Case

Dental malpractice is an area of personal injury law that deals with harm caused by a dentist’s failure to provide the standard level of care. While most dental procedures are routine and straightforward, mistakes can happen, and when they do, the consequences can be serious. From incorrect treatments to delayed diagnoses, dental negligence can result in long-term pain, unnecessary procedures, and significant medical expenses.

If you’ve experienced harm due to a dentist’s negligence, it’s important to understand your rights and how to approach your case. .

What Is Dental Negligence?

Dental negligence, also known as dental malpractice, occurs when a dentist or dental professional fails to provide the standard of care that is expected in the field of dentistry. This may involve errors during a procedure, misdiagnosis, or failure to properly communicate with patients. Like all healthcare providers, dentists are legally obligated to provide care that meets certain professional standards. When they fail to do so and cause harm, it may be considered malpractice.

Common examples of dental malpractice include:

Improper diagnosis: A dentist may fail to diagnose a dental issue like tooth decay, gum disease, or oral cancer, which can lead to more severe problems if left untreated.
Incorrect treatment: Performing unnecessary procedures, such as extracting a tooth when it could have been saved, or administering an incorrect procedure can cause lasting harm.
Failure to obtain informed consent: If a dentist doesn’t explain the risks associated with a procedure or treatment, and the patient is not fully informed, this can be grounds for a malpractice claim.
Inadequate sterilization: If dental equipment isn’t properly sterilized and a patient contracts an infection, the dentist could be held responsible for negligence.
Anesthesia errors: Dentists must administer anesthesia carefully. Errors in dosage or administration can lead to serious complications, including nerve damage or other injuries.

How Do You Know If You Have a Dental Malpractice Case?

If you believe that a dental professional’s negligence has caused you harm, it’s important to assess the situation carefully. Not every unsatisfactory dental result constitutes malpractice. Sometimes, complications occur that are within the realm of normal risk in dental treatment. However, if you experience serious problems or injuries that were preventable, it may indicate malpractice.

Here are some red flags that could suggest dental malpractice:

Worsening of symptoms after treatment: If a procedure leads to worsening pain, swelling, infection, or other issues that weren’t adequately addressed by your dentist, it could point to negligence.
Inconsistent or incorrect treatment: If your dentist deviated from standard procedures or failed to follow established guidelines, it could be a sign of malpractice.
Failure to refer to a specialist: In some cases, a dentist should refer you to a specialist (such as an oral surgeon) if your condition requires advanced care. Failure to do so could indicate a lack of appropriate care.
Unusual complications: Complications from a procedure that aren’t typical, like nerve damage or loss of function, may be the result of negligent actions.
Delayed diagnosis: If you were not diagnosed in a timely manner, leading to worsened conditions or unnecessary treatments, this could constitute negligence.

The Role of Expert Witnesses in Dental Malpractice Cases

One of the unique challenges in dental malpractice cases is proving the dentist’s actions did not meet the standard of care. Unlike some other types of medical malpractice, dental cases often require expert testimony to establish whether the dentist’s conduct was substandard.

In most dental malpractice cases, you will need an expert witness—typically another dentist—to testify about the standard of care expected in your situation and whether the actions of the dentist in your case fell short. These experts can help establish the link between the dentist’s negligence and the harm you suffered.

The expert will typically review your medical records, the procedures performed, and any other relevant information to determine whether malpractice occurred. If they conclude that the dentist did not meet the standard of care, their testimony can significantly strengthen your case.

Steps to Take if You Suspect Dental Malpractice

If you believe you are the victim of dental negligence, there are several important steps to take. Being proactive and understanding your legal options is essential for achieving the best possible outcome.

Document Everything Start by keeping a record of everything related to your dental treatment. This includes appointments, communication with your dentist, and any changes in your symptoms. If you have any medical records or test results that are relevant to your case, be sure to gather those as well.
Seek a Second Opinion If you are concerned about the care you received, it’s crucial to seek a second opinion from another dentist. This not only provides insight into whether your treatment was appropriate but can also give you an expert’s perspective on whether malpractice occurred.
Consult a Personal Injury Lawyer If you believe dental malpractice caused you harm, it’s important to consult with a personal injury lawyer who specializes in medical or dental malpractice. A lawyer will review your case, help you understand your legal rights, and guide you through the claims process.
File a Complaint with the State Dental Board In Pennsylvania, you can file a formal complaint with the Pennsylvania State Board of Dentistry. The board will investigate your complaint and determine whether the dentist violated professional standards. While the board’s actions are separate from any potential lawsuit, they can result in disciplinary action against the dentist, including suspension or revocation of their license.
Consider Legal Action If you decide to pursue a lawsuit for dental malpractice, your lawyer will help you understand the legal process, file the appropriate documents, and negotiate with the dentist’s insurance company. Dental malpractice lawsuits are often complex and time-sensitive, so having legal counsel is essential for a successful outcome.

Statute of Limitations for Dental Malpractice in Pennsylvania

In Pennsylvania, as with all personal injury cases, there is a statute of limitations that sets a time limit for filing a dental malpractice lawsuit. Generally, you have two years from the date of the alleged malpractice to file a claim. If the malpractice involves a delayed diagnosis or worsening condition, the clock may start from the date the injury is discovered.

It’s important to act quickly, as failure to file within this time frame may result in your case being dismissed. If you think you have a dental malpractice claim, consult with an attorney as soon as possible to ensure that you meet all deadlines.

Why You Need Legal Help

Dental malpractice cases are often difficult to prove. Medical experts are typically needed to establish the standard of care and to show how the dentist deviated from it. Additionally, insurance companies and defense attorneys may try to downplay the severity of your injuries or argue that the outcome was a normal risk.

Having an experienced personal injury lawyer on your side ensures that your rights are protected and that your case is handled effectively. A lawyer will help you gather the necessary evidence, consult with expert witnesses, and negotiate with insurance companies to ensure that you receive fair compensation for your injuries.

Seek Justice with an Exton Dental Malpractice Attorney

Dental malpractice can have serious, long-lasting effects on your health and well-being. If you’ve suffered due to a dentist’s negligence, it’s important to understand your rights and take action. By documenting your experience, seeking a second opinion, and consulting with an experienced personal injury lawyer, you can navigate the legal process and hold negligent dental professionals accountable for their actions. Kingbird Legal is here to help. We fight for victims of dental malpractice in Exton. Call 484-289-4880 for a free case review.