New York Dental Malpractice
Going to the dentist is an unpleasant experience that few look forward to or enjoy. However, it is necessary. While many of us mentally prepare for a painful experience, we do not prepare for or expect that a visit to the dentist will result in injuries. Unfortunately, just like medical doctors, dentists can be named as defendants in malpractice cases based on mistakes that they make while caring for patients. This type of case is referred to as dental malpractice. If you suffered a serious injury due to mistakes made by a dental professional, it is important that you contact an experienced New York dental malpractice lawyer to discuss your case. We will review your dental records to determine if mistakes were made, and explain the process for holding the negligent person accountable.Types of dental malpractice
Dental malpractice occurs when a dentist fails to provide the patient with competent care. Dental errors can occur at any point during a dental procedure, negligent care that results in dental malpractice are frequently based on:
- Negligent use of anesthesia
- Failure to diagnose conditions
- Nerve injuries
- Complications related to tooth extractions
- Complications related to bridges and crowns
- Root canal injuries
As a New York dental malpractice lawyer will explain, dental malpractice claims can also be based on failure to get informed consent. When explaining treatment options to a patient, dentists, like medical doctors, are required to inform the patient of the risks involved and any possible complications. Before moving forward with a treatment plan, the patient must consent. The dentist is not permitted to provide treatment other than that to which the patient consented. If the dentist does, the patient may have grounds for a dental malpractice claim
As a result of these and other types of errors, victims suffer serious and sometimes life-changing injuries such as nerve damage. For example, an injury to the alveolar nerve during the removal of wisdom teeth can result in burning pain in the chin, gums or lips, impaired speech and drooling. Similarly, a TMJ disorder, a disorder the temporomandibular jaw, can be caused by a botched tooth extraction or defective dental implants.Pursuing compensation
If your dentist’s negligence resulted in your suffering a serious injury, under New York law you have the right to hold your dentist accountable by filing a dental malpractice lawsuit. In order to prevail and be awarded damages, you must be able to show the following:
- That there was a dentist-patient relationship between you the dentist
- That the dentist failed to provide you with the standard of care that a competent dentist in similar circumstances would have provided
- That you were harmed as a result of the dentist’s breach of care
- That you suffered damages
Because your dentist is not likely to admit fault, proving that your dentist committed medical malpractice will require a review of your dental records by someone with the knowledge to understand complicated medical information. For this reasons it is critical that your case is handled by an experienced dental malpractice attorney in New York.
Dental mistakes often leave victims with serious injuries that require extensive medical care. As a result, victims find themselves facing significant medical bills. Many have to miss work while receiving treatment, and as a result find their incomes diminished. Through a dental malpractice lawsuit you can demand payment from the negligent dentist for your medical bills and your lost wages, as well as pain and suffering and other economic and non-economic losses.
Defendants in dental malpractice claims include general dentists, periodontists, oral surgeons, orthodontists, and other dental and medical professionals.Contact the Law Offices of Stephen Bilkis & Associates
If you suffered an injury related to negligent dental treatment, you have the legal right to demand justice. Negligent dental care can leave you not only with physical pain, but also with financial challenges as you may be stuck with significant medical bills. For two decades the dental malpractice attorneys serving New York at the Law Offices of Stephen Bilkis & Associates have successfully represented victims injured by medical mistakes. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.