Dental Malpractice FAQs

Regular visits to your dentist are vital to maintain your oral hygiene and to prevent serious medical concerns. Dentists are trained to identify warning signs for tumors, mouth cancers, and other serious health issues. In the event a dentist causes harm to a patient, that patient may have the right to a dental malpractice claim to recover compensation for their injuries.  

Medical malpractice lawsuits are complicated and usually require the assistance of an experienced medical malpractice attorney to recover compensation. If you have been wrongly injured by a dentist, our Boston dental malpractice attorneys can help you gather the necessary evidence and expert testimony to prove your case. You could recover compensation for medical costs and additional damages. Call 617-225-2100 for a free consultation today.

Can I Sue a Dentist for Medical Malpractice? 

Yes. Dental malpractice is a type of medical malpractice. In order to sue a dentist for malpractice, you need to prove that the dentist failed to yield a standard of care that is required from a medical professional, and that this failure caused a serious injury to occur. 

At Bellotti Law Group, P.C., we represent clients that have been victims of dental malpractice. If you have been a victim of dental malpractice, call 617-225-2100 for a free consultation. 

What are the Common Reasons to Sue a Dentist? 

Plaintiffs must prove that the health care provider caused an injury or exacerbated an existing condition through their actions or negligence. Expert medical witnesses are crucial to prove malpractice claims, and your lawyer can assist you in gathering expert witnesses. 

The common reasons to sue a dentist are injuries or damages that occur from infections, root canal injuries, improper extraction of a tooth, misdiagnosis, complications with anesthesia, injuries to nerves, failing to prevent avoidable injuries and failure to recommend proper treatment. 

Misdiagnosis or failure to diagnose dental health concerns is a form of dental malpractice. Patients could be in need of immediate medical care, and unobservant dentists can cause health issues to exacerbate by failing to properly identify symptoms of a medical issue. Dentists that do not refer their patients to relevant medical specialists are also committing malpractice. The improper administration of anesthesia can cause patients to have unpleasant reactions, leading to injuries sustained by the patient. 

Depending on the state you reside, it may be beneficial to obtain an affidavit from a healthcare practitioner that specifies the merits of your lawsuit, or to have a favorable ruling from the state’s Board of Dentistry when you are filing a claim. The specifics of your case will also affect these factors, so it is important that you speak with an attorney to discuss your case. Your attorney will guide you through the legal process and guide your case. Call Bellotti Law Group, P.C. for a free consultation today. 

Once a complaint against the dentist has been filed with the court, the defendant (the dentist that has committed malpractice in this case) has around 20 days to one month to respond. Both you and the defendant exchange documentation with one another. This includes dental records, medical treatment records, and medical bills. Examples of relevant documentation include: copies of your written informed consent for any procedures, your medical history, treatment plans, appointment notes, etc. Any signs of improper documentation, such as missing pages, unclear writing, or inconsistencies, can hurt your claim. Testimonies from witnesses are also exchanged between the parties. Medical malpractice claims will either be settled outside of court, be dismissed by a court, or proceed to a trial. 

The personal injury attorneys at Bellotti Law Group, P.C. will work to help you recover the maximum amount of compensation possible for your case. Each case is different, and you should call our firm for a free consultation to go over your options. You do need to navigate the legal system alone. Have an experienced medical malpractice attorney on your side. Call 617-225-2100 for a free consultation.