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All healthcare providers, including dentists, must use a professional standard of care when treating a patient. For dental malpractice to have occurred, the dentist must have departed from the accepted standards of medical care, and this departure of medical care was a substantial factor in causing injury to the patient. Not all mistakes made by dental professionals cause injury to a patient. However, if a dentist does not properly treat a patient, thereby causing the patient to be injured, then the dentist might be liable for malpractice.
If You Were Injured by a Dentist, Here is What You Need to Know
1. In New York State, the statute of limitations to file a lawsuit against a dentist, orthodontist, periodontist, or other oral healthcare professional is two and a half years (30 months) from the date of your injury.
2. For dental malpractice to have occurred, the dentist must have failed to diagnose a dental condition, or failed to correctly treat a dental condition, thereby worsening the existing condition, or leading to a new injury. To prove a dental malpractice claim, a person must:
*Establish a dentist-patient relationship
*Show that the dental treatment provided was a departure from the accepted standards of medical care
*Show that the departure from the acceptable standards of medical care was a substantial factor in causing injury to the person or to worsening their existing condition
In order to show that you were treated with a sub-standard level of care, the medical details of your case must be reviewed by a dental expert. Our attorneys will hire a qualified dental expert to review the medical details of your case to determine whether or not malpractice did indeed occur. If dental malpractice did occur, we will help you file a lawsuit and get the monetary compensation you deserve for your physical injuries and emotional suffering.
3. Some common causes of medical malpractice are:
*Complications from a tooth extraction, root canal, crown or bridge work, or other dental procedure that was not properly done
*Not obtaining proper informed consent from the patient before a treatment, procedure or surgery
*Delaying treatment unnecessarily
*Failing to obtain a person’s medical history (this can result in unsafe drug interactions or illness-related complications that could have been avoided.)
*Errors involving anesthesia
*Failing to properly diagnose an oral condition, such as a lesion, infection, early-stage cancer, or gum disease
*Removing the wrong tooth
Whether you have experienced bone loss, a bad root canal, a bad crown or bridge, or have had bad oral surgery, we can help you. Our attorneys have assisted many clients in recovering monetary benefits for their physical pain and emotional suffering due to the negligence of dental professionals. Call The Law Offices of Jason B. Kessler at 914-220-1088 so that we can investigate your case and provide you with a free consultation.