A visit to the dentist is supposed to improve your dental health, but sometimes things can go wrong. Dental malpractice occurs when a dentist, orthodontist, oral surgeon, or other health professional fails to provide the appropriate standard of care, resulting in harm or injury to the patient. This negligence can have severe consequences for patients who may be left with permanent damage or disfigurement. If you or a loved one has been harmed due to a dentist’s negligence, seeking legal help from an experienced Miami dental malpractice lawyer is crucial to protecting your rights and getting the compensation you deserve.
What Is Dental Malpractice?
Dental malpractice occurs when a dental professional fails to provide an appropriate standard of care, leading to harm or injury to the patient. It can have severe consequences, including permanent damage or even death.
However, not all cases of dental injuries, complications or dissatisfaction with the results of a procedure are considered dental malpractice. There are several standards that must be met for it to be considered malpractice, including:
- The dentist or oral health professional owed a duty of care to the patient
- The dentist breached that duty of care by providing substandard treatment
- The breach caused harm or injury to the patient
- The harm resulted in damages such as medical bills, lost wages, and pain and suffering.
If all four of these elements are present, then a dental malpractice claim may be possible.
How To Prove Dental Malpractice
Proving dental malpractice requires establishing the factors mentioned in the previous section. To do this, you need to gather evidence such as:
- Your dental records
- Witness statements
- Expert testimony from other dentists or medical professionals
It’s important to work with an experienced Miami dental malpractice lawyer who can help you navigate the complexities of the legal system and build a strong case on your behalf.
Why You Need a Miami Dental Malpractice Lawyer
While most personal injury attorneys handle cases such as car accidents and slip and falls, not all law firms handle dental malpractice cases. It’s absolutely critical to the success of your case that you choose a lawyer who has experience in handling dental malpractice cases specifically. These attorneys have the necessary knowledge and expertise to investigate your case, collect evidence, and build a strong argument on your behalf.
Negligent dental care cases can involve complex medical issues and technical language that your attorney must understand, in addition to knowing the ins and outs of malpractice law. A qualified Miami dental malpractice lawyer can help you navigate this process and ensure that you fully understand your legal options.
Common Types of Dental Malpractice in Miami
Dental malpractice can take many forms, including:
- Failure to diagnose or treat diseases such as oral cancer
- Performing unnecessary or improper procedures
- Administration of incorrect medication or anesthesia
- Improper use of dental tools resulting in injury
- Failure to obtain informed consent from the patient
These can result in serious injuries such as nerve damage, infections, or even wrongful death. Patients who have been harmed as a result of dental malpractice may experience pain, suffering, and a reduced quality of life. An experienced Miami dental malpractice lawyer can help you determine if any of these types of malpractice occurred in your case and hold the responsible parties accountable for their actions.
Lingual Nerve Damage During Dental Treatment
In cases of dental malpractice, injury to the lingual nerve is a common occurrence. The lingual nerve is responsible for transmitting sensations from the tongue to the brain, and damage can result in loss of taste, numbness, or pain in the tongue or mouth area. These injuries can be caused by improper use of dental tools, such as during a root canal or tooth extraction procedure.
What Compensation Can I Receive in a Dental Malpractice Lawsuit in Florida?
When it comes to dental malpractice cases in Florida, compensation is determined on a case-by-case basis. The amount of compensation awarded depends on the damages suffered by the victim, which can include:
- Medical expenses
- Lost income
- Pain and suffering
Economic damages are not capped in Florida, meaning that victims can receive full compensation for their financial losses and other expenses incurred as a result of the malpractice. However, it is important to note that every case is different and the outcome may vary based on individual circumstances.
Frequently Asked Questions
How much does a Miami dental malpractice lawyer cost?
The cost of a Miami dental malpractice lawyer depends on the complexity of your case. Many lawyers offer free initial consultations and work on a contingency fee basis, meaning payment is collected as a percentage of your settlement if you win. It is essential to discuss fees and payment options with your lawyer before hiring them.
What is the statute of limitations for dental malpractice in Florida?
Under Florida law, the time limit for filing a dental negligence lawsuit is usually two years from when the incident occurred. To safeguard your legal rights, it’s crucial to seek advice from a Miami dental malpractice attorney as soon as possible. Failure to take action promptly within the time period allowed could lead to the dismissal of your case.
What are the benefits of using a Miami dental malpractice lawyer?
A Miami dental malpractice lawyer can provide legal guidance and investigation to determine the validity of your claim. They can negotiate with insurance companies and help you seek compensation for damages such as medical bills, lost wages, and pain and suffering.
Schedule a Free Consultation and Get Legal Help for Your Dental Malpractice Case
Dental negligence can have devastating consequences. From misdiagnosis to surgical errors, medical malpractice can cause lifelong pain and suffering for patients. If you or a loved one has been the victim of dental malpractice, it is essential to seek legal assistance from a reputable law firm that specializes in dental malpractice cases. Lisa Levine, P.A., helps can help you navigate the complex legal process and ensure that your rights are protected. Book a free case evaluation today to discuss your options and get the compensation you deserve.