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Can I Sue My Dentist for Dental Malpractice?

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 or reschedule.
  • 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 require 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 the 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.