Dental Malpractice

The attorneys at Morgan & Morgan have successfully handled medical malpractice and negligence cases, including those against dental professionals. In Florida, dentists are classified as “health care professionals” and therefore must adhere to a certain standard of care when treating their patients. When a dentist fails to provide reasonable care, and a patient is injured as a result, our attorneys are dedicated to helping the injured party recover compensation for medical expenses, pain and suffering and other losses.

If you were injured by a dentist or other dental professional, you may be entitled to compensation. To have one of our dental malpractice attorneys review your claim, at no cost or obligation to you, please fill out our free case review form today.

How Can a Florida Dental Malpractice Attorney Help Me?

When you speak with a dental malpractice attorney at our Florida law firm, he or she will first determine whether you have a case. While dentists cannot guarantee the success of any treatment or a specific medical result, they can be held accountable when their negligence leads to a patient’s injury. If our attorneys determine that your dentist was negligent, you may have a claim for medical malpractice.

In preparing your claim, our attorneys will collect evidence and witness statements; request medical files and other documents; analyze the prevailing case law which relates your claim; file motions and other paperwork; and handle correspondence with the insurance company. Additionally, we will work with medical experts who can help prove that your dentist was negligent, as there are often varying opinions in the medical field as to the definition of “reasonable” care. 

In Florida, injured patients only have a certain amount of time to sue their dental practitioners; failure to take legal action within this time frame, known as the statute of limitations, may bar the patient from taking legal action for their injuries. Therefore, as soon as an injury or impairment stemming from your dental work is discovered, it is important to contact an attorney to help with your claim.

What is Dental Malpractice?

Medical malpractice is the instance when a doctor, nurse, or healthcare professional fails to provide a proper standard of care – the standard that is required by the profession. As health care providers, dentists must adhere to the standards that other dentists would consider reasonable and would provide under similar circumstances. If these standards are breached, a patient may have legal recourse to recover compensation for any resulting damages.

Some examples of dental malpractice may include, but are not limited to, the following:

  • Negligently performed procedures
  • Performing unnecessary procedures
  • Performing procedures without the patient’s consent
  • Mishandling anesthesia
  • Failing to diagnose or treat oral conditions
  • Inappropriately touching a patient
  • Failing to warn the patient of all risks associated with a certain procedure
  • Failing to keep accurate records of each patient, including any complaints 
  • Performing procedures for which the dentist is not licensed or qualified

What Damages Can an Attorney Help me Recover?

Injuries that may result from dental malpractice include:

  • Permanent damage to the nerves in the tongue, jaw, chin, and/or lips
  • Permanent loss of feeling or taste
  • Permanent structural damage
  • Temporomandibular joint disorder (TMJ)
  • Injury or fatality caused by anesthesia
  • Infection after surgery or treatment
  • Wrongful death

If a patient suffers an injury as a result of a dental professional’s negligence or misconduct, they may be able to recover compensation for:

  • Medical costs to treat the ailment
  • Lost wages
  • Value of future lost wages
  • Pain and suffering
  • Loss of consortium

The attorneys at Morgan & Morgan are available to handle dental medical malpractice cases involving: injuries caused by broken or faulty instruments; broken teeth; root canals, including broken files; tooth extractions; fillings; trigeminal neuralgia; wisdom teeth extractions; broken teeth; periodontal disease; procedures performed on the wrong tooth; and orthodontic malpractice.

Resources for Victims of Dental Malpractice

In addition to suing their dentist, victims of dental malpractice can file a complaint with the Florida Department of Health. After a complaint is filed, the customer services unit will review the claim and determine whether an investigation is necessary. According to the Florida Department of Health, complaints that are likely to be investigated include those involving:

  • Sub-standard care
  • Negligence
  • Impairment/medical condition
  • Sexual misconduct
  • Improper/mislabeled medication

If a dental professional has breached his or her duty of care to you, and you sustained injuries as a result, you may be entitled to monetary damages. Our attorneys may be able to help you collect any compensation that you are owed as a result of your injuries. To learn more, please fill out our free, no obligation case review form today.