Providing outstanding legal services for over 40 years


Can You File an Malpractice Claim Against a Dentist?

Can You File an Malpractice Claim Against a Dentist?

Medical malpractice is often associated with surgeons and general OBGYN doctors. But any medical professional can make errors that harm their patient. While not every negative outcome that happens after a medical procedure or doctor’s visit is necessarily medical malpractice, if negligence is involved on the part of the doctor, medical center, or hospital, medical malpractice may have happened.

Going to the dentist is something that many people have a great fear of doing. There are several reasons for this. People may think that dental procedures are too painful or maybe an individual is feeling personally uncomfortable with another party working inside their mouth. Regardless of the situation, dental anxiety is widespread. 

According to a review done by researchers at the National Center for Biotechnology Information 36% of Americans have dental fear or anxiety. On top of these individuals, 12% of the population has severe dental panic. Still, taking care of one’s teeth is incredibly important to a person’s overall health. If fear of the dentist or any other reason keeps a person from regularly visiting their local dental professional, not only will the person’s oral hygiene be degraded but other health issues can also develop.

Proper and regular dental care and at-home maintenance are what keeps the mouth healthy from diseases like gingivitis and cavities. Dental care can also be cosmetic and help people whiten their smiles or replace missing teeth. Dentists may also be able to identify underlying health conditions like cancer during a comprehensive dental examination. 

Sometimes a dental procedure, even a routine cleaning can make the mouth feel a little tender when the procedure is finished. This would not be considered a result of a negligent dentist. However, in situations where serious mistakes do occur at the dentist and an injury results, a victim may be able to file a dental malpractice suit for compensation.

How Does Dental Malpractice Happen?

Can You File an Malpractice Claim Against a Dentist?Most medical procedures come with some amount of risk for adverse side effects, which can happen not as a result of malpractice. Yet, when a medical provider makes mistakes with regard to the drugs they prescribe or the procedures that they perform, victims who suffer harm may be able to file a malpractice claim. The same is true when a dentist makes a blunder that hurts their patient. A dental malpractice suit may be the right course of action.

Figuring out when medical malpractice exists can be very tricky and there is a high bar that comes with determining if negligence was a factor when a patient is harmed. Dentists, just like other medical specialists, have a duty of care to their patients. If that care is violated, and harm results, then the patient who had to endure such suffering may be able to take legal action for financial compensation. 

If you live in or around the greater Jacksonville area and you believe that you suffered dental malpractice, call the Jacksonville medical malpractice attorneys at Sheftall Law. When you meet with the Jacksonville injury attorneys at Sheftall Law, you can have your case examined and learn more about what options you may have for obtaining compensation. In a Florida dental malpractice claim, you may be able to include compensation for the following damages:

  • Payment for repairing your dental issue and have it resolved if that is a possibility. 
  • Medical treatment of the dental injury suffered.
  • Missed wages if dental injuries kept a victim from being able to work.
  • Pain and suffering.
  • Emotional trauma.
  • Payment for the life-altering trauma victims suffered after the dental injury accident.
  • Payment for permanent and life-long damage.

Can Dental Injury Errors be Severe?

Every victim of dental malpractice is different. In some circumstances, it is possible to heal and fully recover from the damage that a victim experienced. Other times, a victim may not ever be able to completely recover. Depending on the details of the incident, a patient who was harmed by their dentist could have to deal with lost teeth, inability to taste, nerve damage, and enduring loss of feeling in a particular part of their face or mouth.

There are times when a dental mistake leads to the development of a disorder. TMJ disorder or problems with the temporomandibular joint can result from dental mistakes and be very painful for victims. The most severe TMJ disorder will require surgical interventions.

If a dental patient has to be put under anesthesia for a procedure, even death can result in the presence of negligent behavior. This result could make it necessary for victims of the deceased to file a wrongful death claim. The potential for disease development, disorders, physical bodily harm, and even the loss of life are all possible when a dentist and their team are negligent. So dental misjudgment can have very long-lasting and tragic outcomes.

Can a Victim of Dental Malpractice Take Legal Action?

Victims of negligence at the dentist who are harmed could take civil legal action for compensation. It is necessary, though, that a victim proves the following took place:

  • The victim was scheduled to see the dentist.
  • The dentist was required to show the victim a duty of care while providing dental services to the victim.
  • The duty of care that the dentist had was violated.
  • The victim suffered specific damages as a result of that violation.

When showing dental malpractice, it must be proven that a dentist acted in a way that under the same circumstances, another dental professional would not have done.

Speak to a Jacksonville Medical Malpractice Attorney Today

From putting a numeric value to a dental malpractice claim in Jacksonville to examining the situation to see if dental malpractice actually existed, an experienced Jacksonville medical negligence attorney should be used. If you believe that you suffered bodily harm after a dental procedure in Jacksonville, please contact Sheftall Law.

During a free case evaluation, the attorneys at Sheftall Law will discuss with you all of the details of your case and answer any questions you have. Contact Sheftall Law today to schedule a free consultation at 904-647-2296. The talented Jacksonville personal injury attorneys at Sheftall Law are dedicated to advocating aggressively for victims’ rights.