Thousands of people in the United States are affected by dental malpractice each year. According to the American Board of Legal Medicine, 13.1% of all claims for professional malpractice are filed against dentists. Other statistics show that in any one year, 1.6% of dentists will face a civil malpractice lawsuit. Some of the top negligence categories include:
Thousands of people in the United States are affected by dental malpractice each year. According to the American Board of Legal Medicine, 13.1% of all claims for professional malpractice are filed against dentists. Other statistics show that in any one year, 1.6% of dentists will face a civil malpractice lawsuit. Some of the top negligence categories include:
- 26% – Extractions
- 17% – Endodontics
- 10% – Implants
- 10% – Crown and bridge
- 8% – Periodontics
- 8% – Orthodontics
- 5% – Anesthesia
Common Types of Dental Malpractice
While there are individual laws in each state which govern the duties that dentists have towards their patients, a recurring theme does exist. Like other professionals, dentists too can be held accountable for their actions and patients who suffer injury due to dental malpractice have the rights to file for compensation or take legal action. This can include filing a legal complaint with authorities such as the state dental board or filing a malpractice lawsuit.
Some common types of dental malpractice include:
- Misdiagnosis of a dental condition
- Failure to diagnose and treat periodontal disease
- Wrongfully administered anesthesia
- Needless extraction of teeth
- Infections caused by improperly or inadequately sterilized instruments
- Unwarranted treatment delays
Select a Fabulous Lawyer to File a Dental Malpractice Lawsuit
If you are filing a dental malpractice lawsuit, you should make sure that you hire a legal counselor. You cannot represent yourself in a medical malpractice case as they are extremely complex, and costly. You will need to take depositions, subpoena records, hire expert witnesses, and much more. The cost of these alone can come to thousands of dollars.
When it comes to dental malpractice cases, it is always required to file a lawsuit. Dentists and their insurance providers rarely settle malpractice lawsuits. If they did, it would be an admission that they acted negligently, and this can have an adverse effect on their career and in a number of cases, their income.
There is a “right to refuse settlement” clause listed in most malpractice insurance policies. This implies that even though malpractice is glaringly obvious, they have a right to refuse to settle the case. This means that you will have to go through the lengthy process of a lawsuit for any chance of compensation.
In order to win your malpractice lawsuit, you will need a legal professional who is substantially experienced in malpractice litigation. Most successful malpractice attorneys have the required funding to pay for expert witnesses, pre-trial depositions, copying costs, court reporter fees, etc. Fortunately, these attorneys work on a contingency basis so you will not have to make advance payments for these costs.
RMFW Law Aims to Please and to Win
If you or a loved one is injured as a result of dental malpractice or negligence, you should seek the help of the qualified and experienced medical malpractice attorneys at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212-344-1000.
Give RMFW Law a call. The first meeting is free. We are not paid until you are paid. We only take a percentage so in essence you never pay us at all despite you being made financially whole again and possibly even more. We keep you informed every step of the way. We know what it takes to win and we have a long experience in doing just that: winning!
