Dental malpractice can lead to serious, often painful consequences. If you’ve suffered harm due to a dentist’s mistake or negligence, you may have a valid claim for compensation. However, dental malpractice claims are unique and involve a different process than other types of medical malpractice claims. If you are considering pursuing a dental malpractice case in Pennsylvania, it’s important to understand the steps involved, the requirements for filing, and how to protect your rights.

This post will outline the key things you need to know about filing a dental malpractice claim in Pennsylvania, including the necessary steps to take, important deadlines, and the potential challenges you may face along the way.

What Constitutes Dental Malpractice?

Dental malpractice occurs when a dentist fails to provide care that meets the accepted standard of practice within the dental community, resulting in harm to the patient. Examples of dental malpractice include:

• Misdiagnosing or failing to diagnose a dental issue
• Performing an incorrect or unnecessary dental procedure
• Causing damage to the nerves, tissues, or teeth
• Using improper tools or techniques during dental treatment
• Failing to inform a patient of the risks associated with a procedure

When a dentist makes a mistake that results in harm, the patient may be entitled to compensation for medical costs, pain and suffering, lost wages, and other damages caused by the negligence.

Steps to Take if You Suspect Dental Malpractice

If you suspect that you’ve been a victim of dental malpractice, there are a few important steps you should take to protect your rights and build your case.

1. Seek a Second Opinion

Before you take any legal action, it’s a good idea to get a second opinion from another dentist. A second opinion can help confirm whether the original dentist’s actions were negligent or whether the complications you’re facing are a result of normal risks associated with dental procedures. This will also help you determine the severity of the issue and whether further treatment is necessary.

2. Document Everything

Documenting your dental care history is essential. Keep records of all appointments, treatments, prescriptions, and any communication you’ve had with your dentist. Additionally, if you have photographs or medical records that show the results of the malpractice, these can be valuable pieces of evidence. Make sure to document any pain or issues you’re experiencing as a result of the dental procedure, as well.

3. Notify Your Dentist

While this is not a mandatory step, notifying your dentist about the issues you’ve encountered may give them an opportunity to address the problem directly. Sometimes, dentists will admit to their mistakes and offer to correct them, which could potentially resolve the matter without the need for legal action. However, if the dentist refuses to acknowledge the issue or is uncooperative, this could further strengthen your case.

4. Consult a Dental Malpractice Attorney

Once you have gathered your documentation and a second opinion, the next step is to consult with a lawyer who specializes in dental malpractice cases. A lawyer experienced in this field will be able to assess the details of your case, help you understand your legal options, and guide you through the process of filing a claim.

Filing a Dental Malpractice Claim in Pennsylvania

Dental malpractice cases are governed by state law, and there are several key elements that you need to understand before pursuing a claim in Pennsylvania.

1. The Statute of Limitations

In Pennsylvania, the statute of limitations for filing a dental malpractice claim is generally two years from the date of the injury or the date when you discovered, or reasonably should have discovered, the injury. If you fail to file a claim within this two-year period, you may lose your right to pursue compensation.

However, there are exceptions that may extend or toll the statute of limitations. For example, if the injury was not immediately apparent, the clock for filing may start when you discover or should have discovered the injury. Additionally, if you were a minor at the time of the malpractice, the statute of limitations may be extended until your 20th birthday.

2. Filing a Complaint

Once the statute of limitations is determined, your lawyer will help you draft and file a complaint with the court. This document will outline the specific details of your claim, including the dentist’s alleged negligence and the damages you are seeking. The complaint will be served to the dentist and their legal team, and they will have a chance to respond.

3. Expert Testimony

Dental malpractice claims typically require expert testimony to prove that the dentist’s actions fell below the accepted standard of care. Your lawyer will likely need to secure the testimony of a dental expert who can testify that the dentist’s actions were negligent and caused harm. The expert will evaluate the specifics of your case, including the dentist’s treatment choices and how they compare to what other reasonable dentists would have done under similar circumstances.

4. Discovery Process

Once the complaint is filed, the discovery process begins. Discovery is the process by which both sides gather information and evidence from each other. This may involve written questions (interrogatories), document requests, depositions, and other methods of obtaining evidence. This process can take time, as both sides work to gather the necessary information to build their respective cases.

5. Settlement or Trial

Many dental malpractice cases are settled outside of court, often through negotiations between the lawyers. If the case does not settle, it will go to trial, where both sides will present evidence and make their arguments. If you prevail at trial, the court may award you compensation for your medical expenses, pain and suffering, lost wages, and other damages.

Potential Challenges in Dental Malpractice Cases

Dental malpractice claims can be complex, and there are several challenges you may encounter during the process.

1. Proving Negligence

One of the most significant hurdles in dental malpractice cases is proving that the dentist was negligent. The burden of proof falls on the patient, and you must show that the dentist’s actions deviated from the accepted standard of care in the dental community. This often requires expert testimony, which can be expensive and difficult to obtain.

2. Causation

In addition to proving negligence, you must also demonstrate that the dentist’s actions directly caused your injury. It can be challenging to link the dentist’s error to your condition, especially if the injury developed over time or if there were complicating factors.

3. Defending Against Claims

Dentists and their insurance companies may argue that the injury was a normal risk of the procedure or that the injury was caused by another factor. They may also dispute the severity of the injury or the need for corrective treatment.

Conclusion

Filing a dental malpractice claim in Pennsylvania can be a challenging process, but if you have been injured due to a dentist’s negligence, you may be entitled to compensation. The key to a successful claim is understanding the legal process, gathering strong evidence, and working with an experienced attorney who can guide you through each step.

At Kingbird Legal, we specialize in helping clients navigate complex medical and dental malpractice cases. If you believe you’ve been the victim of dental malpractice, contact our office today to schedule a consultation. Let us help you seek the justice and compensation you deserve.