You have heard of medical malpractice claims, but you might be wondering
about dental malpractice. In some situations, you may be able to file
a claim for injuries sustained while having dental work done. The same
standard of care is applied to dentists as medical doctors and nurses.
If the dentist breaches his or her duty to a patient, there may be a cause
for action. Retaining a qualified personal injury attorney, like those at the
Law Office of Robert R. Castro, can help get you the reimbursement you deserve.
Types of Injuries that Might Qualify as Dental Malpractice
Patients preparing for dental work should be aware of the possible risks.
Some potential claims can arise from:
Mistakes in Anesthesia: If you have anesthesia administered incorrectly, it can cause serious
injuries, or even death in some instances.
Failure to Treat: Much like when a doctor does not diagnose a condition correctly, dentists
can be found liable for negligence. If there is a condition that the dentist
should have known about and did not warn you about or treat you for in
a timely manner, it could be dental malpractice.
Resulting Nerve Damage: In some cases, there are procedures that a dentist should have referred
to an oral surgeon. If the dentist attempts a procedure that results in
nerve damage, it may be dental malpractice.
Infection: Infections can be a risk in any dental procedure and it does not mean
the dentist was necessarily negligent. However, there may be instances
in which they did not clean your mouth properly or you showed signs of
an infection prior to the procedure and they did not take proper precautions
Change in Meds: Be cautious if your dentist wants to change your medications due to a
dental procedure, particularly an anticoagulant. There can be serious
repercussions, including death, if a patient is taken off life-saving
meds like Plavix.
Broken or Failed Implant: With recent advancements in technology, teeth replacements are much stronger
than in the past. If your dental implant cracks or breaks, there is a
chance your dentist used older materials or procedures.
Proving Dental Malpractice
Dental malpractice is not easy to prove. A lot of people may assume that
they have a malpractice case, but it is not that straightforward. In order
to prove a case of dental malpractice, you have to demonstrate that the
dentist owed a duty to the claimant, which is usually established by accepting
payment. Then, you have to show that the standard of care, or duty, owed
under Maryland law was breached, and that the breach of that duty was
the primary cause of the claimant’s injuries.
Retaining a Dental Malpractice Attorney
Any potential claims for negligence or breach of care by a dentist requires
the expertise of a skilled
Maryland dental malpractice attorney. Dental malpractice claims can be difficult to prove, which is why retaining
the right attorney is so important. The
Law Office of Robert R. Castro has extensive experience in personal injury and medical and dental malpractice cases.
This article has been provided by Law office of Robert Castro. For more
information or questions contact our office to speak to an experienced
lawyer at (301)870-1200.
Law office of Robert Castro.
2670 Crain Highway #411, Waldorf, MD 20601.