Can I Sue a Dentist for Malpractice?
September 27th, 2017It’s natural to feel a little tense about going to the dentist, but if you experience debilitating nervousness before every visit, you may have dental anxiety or dental phobia. According to Colgate, fear of the dentist is actually fairly common, and up to 40 million Americans suffer from it.
Dental phobia is a more severe condition than dental anxiety, but both are rooted in an irrational fear of dental work and can result in panic attacks before, during, or after a procedure. People who suffer from dental phobia can recognize that their fear is irrational, but this knowledge does not necessarily make it any easier to cope with the condition.
If you’ve ever received substandard dental work, though, you know firsthand that a fear of the dentist is not always irrational. Unfortunately, dental malpractice can have lasting repercussions that affect all aspects of your life.
If you think you were the victim of dental malpractice and your personal or professional life is suffering as a result, contact The Bowling Law Firm. David A. Bowling is a medical malpractice lawyer in Jackson with the knowledge, resources, and courtroom experience to help you fight for the maximum compensation. Call (504) 586-5200 to schedule a case evaluation.
Can I Sue a Dentist for Malpractice?
Dentists are like any other healthcare provider in that they owe a certain duty of care to their patients. When a dentist breaches this duty and the patient sustains damages, a medical malpractice lawsuit can result.
In order to file a successful claim against your dentist, you will need to prove that:
- He or she is a practicing dentist who sees patients on a regular basis and owed you a duty of care because you were one of them;
- He or she breached this duty of care by acting in a reckless or negligent manner when performing a procedure;
- The breach resulted in damages; and
- You can measure these damages in a tangible way.
What Kinds of Damages Can I Recover by Suing My Dentist?
The kinds of damages that you will be able to recover ultimately depend on the circumstances of your case. When negotiating for a fair settlement, you may be able to include:
- The financial costs associated with correcting your dentist’s mistakes;
- The physical toll of the substandard care like nerve damage or broken teeth; and
- The emotional costs like the embarrassment of living with a disfigured smile.
What Are Some Examples of Dental Malpractice?
When it comes to dental malpractice, some treatment errors are more common than others. A few examples of medical malpractice mistakes that dentists often commit include:
- Failing to recognize and treat a complication like a post-surgical infection;
- Misdiagnosing a serious condition like gingivitis or infected tooth pulp;
- Leaving foreign objects in the patient during a procedure;
- Extracting perfectly healthy teeth; and
- Leaving damaged teeth in the mouth as the result of misreading x-rays.
If you were the victim of shoddy dental work but you are not sure how to prove duty, breach, causation, or quantifiable damages, turn to The Bowling Law Firm. A compassionate lawyer from our Firm will help you pursue compensation for any damages that you incurred as a result of the substandard care.
Call (504) 586-5200 to schedule a consultation with a medical malpractice attorney in Jackson. You can learn more about filing a successful malpractice claim in Mississippi by visiting USAttorneys.com.
