When people think of personal injury cases, they often imagine car accidents or slip-and-fall incidents—but injuries can also happen in places meant to help us, like the dentist’s office. Dentists, like all medical professionals, have a duty to provide safe and competent care. If they fail to meet that standard and a patient is harmed as a result, a personal injury claim may be appropriate. A personal injury lawyer can help determine whether a case qualifies as dental malpractice and guide injured patients through the legal process. Our friends at Presser Law, P.A. explain some of what goes into a case like this below.
When Is A Dentist Legally Responsible?
Dentists are expected to perform procedures with a level of skill and care that matches what another qualified professional would reasonably do in similar circumstances. If a dentist deviates from this standard and causes harm, that may be considered negligence.
Some common situations that could lead to a personal injury case include:
- Performing a procedure on the wrong tooth or area
- Extracting the wrong tooth or causing nerve damage during surgery
- Failing to diagnose serious dental conditions like infections, cysts, or oral cancer
- Using unsanitary tools or equipment that lead to infection
- Administering too much anesthesia or using it improperly
- Ignoring a patient’s known medical condition or allergy
Not every mistake results in a lawsuit. For a valid personal injury case, the patient must have suffered a clear injury or complication caused by the dentist’s actions—or lack of action—and that injury must have led to measurable harm, such as physical pain, additional medical costs, or loss of function.
What Makes A Dental Injury Case Different?
Dental malpractice cases can be complex because not all complications are caused by negligence. Some procedures carry known risks, and proving that the dentist failed to meet their duty of care requires medical evidence and often expert testimony.
This is where a personal injury lawyer becomes especially helpful. They can review dental records, consult with experts in the field, and gather evidence to show that the care provided fell below professional standards. They can also calculate the full impact of the injury, including pain, suffering, lost wages, and future dental or medical expenses. People sometimes have things like food related personal injuries that cause dental issues. These can be compensated, but it all depends on who was ultimately at fault.
What To Do If You Think You Have A Case
If you believe you were injured due to a dentist’s mistake or negligence, the first step is to seek care from another dental or medical provider to address the injury. It’s also important to request a copy of your dental records, which may include treatment notes, X-rays, and billing statements. These documents can be key in supporting a legal claim.
Then, speak with a personal injury lawyer who has experience with dental malpractice cases. They can evaluate whether your situation meets the criteria for legal action and advise you on what steps to take next. In many cases, a lawsuit may not even be necessary—some claims can be resolved through negotiation with the dentist’s malpractice insurance provider.
Legal Time Limits Matter
Like all personal injury cases, dental malpractice claims are subject to statutes of limitations, which are deadlines for filing a lawsuit. These deadlines vary by state but often range from one to three years after the date of the injury or the date it was discovered. If you wait too long, you could lose your right to pursue compensation.
When A Lawyer Can Make The Difference
A personal injury lawyer can be a critical ally in holding negligent dental professionals accountable. From reviewing the evidence to negotiating with insurance companies and, if needed, filing a lawsuit, legal support ensures that patients have a voice and a path to financial recovery.
If you or a loved one suffered an injury after a dental procedure and suspect it may have been caused by a mistake, don’t wait to find out where you stand. A consultation with a personal injury lawyer can help clarify your rights and whether you have grounds for a claim.