It’s not just doctors and hospitals that get sued for medical malpractice. Dentists get sued for malpractice too. Lawsuits against them proceed under the same rules as cases against doctors. That means cases against dentists, orthodontists, periodontists and other dental professionals are governed by Arizona’s medical malpractice laws.
Common Dental Treatment Errors
When you receive dental care, you have the right to be treated within the applicable standard of care. If your condition deteriorates, or you’re suddenly injured as a result of the negligence of a dental professional, it’s not at all unreasonable for you to expect to be compensated for your injuries. Some of the more common types of errors that might be the basis of a medical malpractice case include anesthesia errors, poor sanitation, pulling teeth unnecessarily, pulling the wrong tooth and failing to identify gum disease or even oral cancer.
Types of Injuries in Dental Malpractice Cases
Every dental professional has a duty to provide proper treatment. If he or she fails to do so, patients can be seriously injured. Injuries might include one or more of the following:
- Jaw fracture
- Nerve damage
- Stroke
- Heart attack
- Kidney disorders
- Death
Proving Dental Malpractice
The person claiming injury has the burden of proving a dental malpractice case by a preponderance of the evidence. He or she must prove that a dentist and patient relationship existed, that the dentist deviated from the standard of care for the procedure that was being performed and the breach of care resulted in specific damages. Even a gross deviation from the standard of care won’t be actionable if there are no damages.
Damages
Serious injuries or death can lead to serious damages. Those might consist of medical and hospitalization bills, permanent disability or disfigurement, pain and suffering, diminished quality of life, lost earnings and funeral and burial expenses in the event of a wrongful death.
If you’ve suffered a serious nerve or other injury due to the carelessness and negligence of a Phoenix dental practitioner, we want you to be fully compensated for your injuries. You can contact us by phone or our online contact form to arrange for a free consultation and case evaluation with a Phoenix dental malpractice lawyer from our offices. We’ll listen carefully to you about what happened, how you felt and how you feel now. Then, we’ll answer your questions and advise you of your full range of legal options.