Florida Dental Negligence & Malpractice Attorney
One of the underreported areas of Florida dental malpractice is in the field of dentistry. Many people understand the severity of what can go wrong when they have a medical or surgical procedure, but they are often still ignorant of what could happen as a negative outcome from a dental procedure. So, can you sue a dentist for dental malpractice? The fact is, however, that if a dentist (or a dental professional) has injured you, then you may be able to recover damages from that dental practice. Here are some things to know about this field of malpractice. For more information about dental malpractice lawsuits contact our Florida dental malpractice attorney.
Table of Contents:
- Understanding Dental Malpractice
- Compensation Information
- Pediatric Dentist Malpractice
- Can I sue my dentist?
- Common Dental Procedures and Related Injuries
Are you safe in the hands of your Dentist in Florida?
According to statistics from the National Practitioner Databank, about twelve percent of all medical malpractice cases in 2002 involved dentists (ABLM, Inc). In addition, from 1990 to 2004, the following statistics show a breakdown of the defendants in Florida dental malpractice claims:
- 34,691 reports were made against dentists;
- 137 reports were made against dental residents;
- 19 reports were made against denturists;
- 17 reports were made against dental hygienists; and
- 8 reports were made against dental assistants.
Dental Malpractice Attorney Florida Help in Your Dental Malpractice Lawsuit
Although the exact definition varies by state, dental malpractice complaints usually fall under the same heading of a dental malpractice lawsuits. This is when a healthcare professional does not follow the standard of care that a patient could expect under similar circumstances from any other healthcare professional. If a dentist doesn’t follow these standards, then a patient may have recourse to compensation. For your fair compensation from a dentist, malpractice take the help of our Florida dental malpractice lawyer. Some of the areas covered under this include:
- Procedures that are performed with dental negligence;
- Procedures that are not necessary, including procedures on the wrong tooth;
- Failure to get a patient’s consent before a procedure is performed;
- Failure to have the appropriate licenses for certain procedures;
- Failure to give information so that a patient can give informed consent;
- Failure to properly administer anesthesia;
- Failure to keep accurate medical records;
- Failure to properly diagnose medical conditions;
- Failure to properly treat medical conditions; inappropriate touching of a patient’s body.
How Can I Be Adversely Affected by Dental Malpractice?
Any one of the above complaints can result in physical or emotional damage to a patient. You may not know that a procedure was performed negligently, but you certainly have the results of the botched procedure. This can include:
- Wrongful death, especially as a result of anesthesia misadministration
- Infection after surgery, especially from improperly sterilized instruments or negligible aftercare
- Permanent loss of teeth that are broken or chipped
- Permanent nerve damage, especially in the tongue or lips
- Permanent numbness
- Permanent loss of taste and
- TMJ disorder.
What Compensation Can I Receive for dental malpractice in Florida?
Each case is different and compensation may vary from state to state. However, these are the general areas of compensation that people can receive from dental malpractice cases:
- Medical costs;
- Pain and suffering; and
- Lost wages (including potential future earnings).
Get A Dental Malpractice Lawyer
Contact our Florida dental malpractice lawyer at the law offices of Wolf & Pravato for legal help in your dental malpractice lawsuit settlements.
Pediatric Dental Malpractice – Are Your Children Safe in the hands of your Dentist?
Perhaps one of the most disturbing forms of Florida dental malpractice is when it comes to children. Dentophobia (fear of the dentist) is a common fear for many people and most of the time it all comes back to a negative experience as a child. And think about how the child views the dentist: a scary authority figure in a white coat that pokes and prods at their teeth using sharp medical instruments. However, just having a bad experience with a dentist does not equal being the victim of dental malpractice in Florida. Here are some of the types of cases that can lead to a valid claim of dental malpractice. Contact our dental malpractice lawyer in Florida for your dental malpractice claim.
What are the Common Examples of Dental Malpractice Cases in Florida?
- Dentist Using Excessive Force on Young Patients Probably the most troubling form of pediatric dental malpractice are dentists using excessive force on children in the process of performing their job. One of the things that dentists provide is an experience that is as pain-free as possible. However, some dentists have shown themselves to be sadists much like Steve Martin’s diabolical dentist in Little Shop of Horrors. A recent lawsuit in Florida alleged that Dr. Howard Schneider used his practice as a “front for a sadistic and systematic scheme of physical and psychological torture and abuse” (http://www.usatoday.com). The dental malpractice lawsuit alleges that the dentist choked patients out, left visible marks on their face and body, including marks from restraints that were used to strap them down, and psychologically abused the patients by threatening to kill their parents if they told anyone about the abuse. This is an extreme case, but some dentists have also treated children by not listening when they try to tell them they are in pain. The excuse here is that the child is “whining” or needs to “toughen up” because it isn’t hurting them. This kind of practice can enter into the realm of malpractice if it physically injures your child. For more information contact our Florida dental malpractice attorney.
- Performing Non-Medically Necessary Dental Malpractice Procedures Another issue of dental malpractice is the performance of procedures that are not medically necessary for a child. This can include tooth extraction that does not need to be removed. Having a child sit through a procedure that has the potential to inflict pain, when the procedure is not medically necessary is unconscionable. Also, some procedures that are performed that are not medically necessary can be examples of insurance fraud as the dentist may be trying to pick up money from an insurance claim when it is not needed. Our dental malpractice attorney is here to help with your dental malpractice insurance claim.
- Not Using Appropriate Anesthetic A final area that dentists must be careful of, especially when dealing with young patients, is the issue of anesthesia. Some dentists have gone so far as to not use the appropriate anesthesia before performing painful procedures such as tooth extractions and root canals. Others have administered the anesthesia, only to let the patient “sleep it off” so that they can then bill for the anesthesia while still performing the procedure while the patient is wide awake and suffering. Finally, some dentists have accidentally given someone the wrong level of anesthesia. Giving too little will mean that the patient will be more alert and feel pain. Giving too much can lead to nausea and mental confusion. In extreme circumstances, a patient could have brain damage from a lack of oxygen reaching the brain. The worst-case scenario is that a patient may begin vomiting into the anesthesia mask, only to choke (or aspirate) on his or her vomit and die. This can be especially problematic with young children, as their weights require a substantially smaller amount of anesthesia that may be harder to calculate. Regardless of the particular occurrence, these are all examples of dental malpractice that can be mitigated by a skilled dental malpractice attorney in Florida.
Florida Dental Malpractice Lawsuits
Do You Have a Dental Malpractice Case?
The types of dental malpractice cases are almost as varied as the types of dental procedures that you can have performed on yourself. Each type of procedure comes with its risks and its own set of problems that can arise, especially if the dentist does something wrong during the procedure. Here are some of the most common procedures along with examples of what could constitute dental malpractice cases. Our Florida dental malpractice lawyers can handle your case.
- Broken Instrument/Broken File—Sometimes during a procedure such as a root canal, an instrument such as an endodontic file will break off and it has the potential to lodge itself inside the tooth or root. If this happens, the dentist may have to refer the patient to an oral surgeon to remove the piece, causing an additional bill for the patient. This may be an example of dental malpractice and could lead to payment for medical bills.
- Broken Jaw—One of the possible complications of oral surgery, particularly wisdom teeth extraction, is a jaw fracture. This should be explained and detailed in the pre-op consultation and the patient should sign a consent form at the time of surgery. If the dentist fails to do this, or if negligence is involved that leads to a broken jaw, dental malpractice may be an issue and could be litigated.
- Broken Tooth—Another issue that has occurred in several cases is a broken or chipped tooth. In this instance, the dentist may have been repairing or extracting one tooth only to make a mistake or slip, causing damage to a neighboring tooth.
- Extraction—A very common procedure that has the potential for injury and a case for dental malpractice is with extractions. This procedure can lead to the aforementioned issue with fractured jaws as well as sinus perforation, infections, bleeding, and infections. In severe instances, death can even occur.
- Filling—Probably the most common dental malpractice procedure is getting a filling to repair a cavity. Even these can go wrong and if the problem is a result of negligence, then the patient may have a chance to file a dental malpractice lawsuit. The most common problems with fillings include drilling too deep into the tooth than is necessary and drilling into the tooth’s nerve causing permanent damage.
- HIV and Hepatitis—In the past two years, there have been two cases, one in Oklahoma (http://www.foxnews.com/) and one in Australia (http://www.dailymail.co.uk/) leaving 18,000 patients exposed to HIV and hepatitis. This comes from a lack of proper sterilization techniques that can lead to serious and potentially fatal infections.
- Root Canal—Another issue that can come from root canals is permanent nerve damage. This is particularly an issue in the lip and chin. Such nerve damage can cause paralysis and constant, nagging pain or numbness.
- Crowns and Veneers–Crowns and veneers are casings that are placed over the teeth to cover up issues such as irregular-sized or discolored teeth. Issues that can arise from this include improper bonding of the veneer to the teeth. Another issue is when a dentist puts veneers on that are the wrong color to match with the other teeth. This can leave a very unnatural and garish look to a patient’s mouth and smile.
- Wisdom Teeth—If you have a wisdom tooth extracted, there can be several complications. These include nerve damage, loss of taste, and uncontrolled bleeding. Dentists are required to provide a patient with a list of potential issues that could arise including these and others. If a dentist fails to do so, or if the issue occurs as a result of negligence on his part, then you may have a case for dental malpractice.
- Wrong Tooth—One of the most disturbing types of malpractice stories to come out in recent years are stories of surgeons performing operations on the wrong patient or the wrong body part, such as amputations on healthy limbs. This has also occurred in dental cases. Patients have gone in for tooth extraction, only to have the wrong tooth pulled. Others have had painful procedures such as root canals performed on the wrong tooth, only to have to repeat the procedure on the correct tooth, enduring twice the pain and discomfort.
- Nerve Damage—As has already been mentioned, nerve damage is a very real potential complication from several dental procedures such as tooth extractions and root canals. In some cases, the chin or lip can be permanently damaged causing issues such as paralysis, numbness (also called dental paresthesia) and tingling, pain, or loss of taste.
- Braces—Braces are very common (and very expensive) dental appliances, particularly for children. Unfortunately, some dentists will recommend braces when they are not truly necessary, preying on a parent’s fear of their child not having perfect teeth. Other dentists will intentionally keep a patient in braces for longer than is necessary. This ultimately comes down to one motivation—money. The longer the dentist has a patient in braces, the more opportunities they have to charge for checkups and maintenance on the braces
- Orthodontic Treatment—Another popular orthodontic treatment that is being used in place of braces is Invisalign. However, this has only been approved for certain types of conditions. If an orthodontist improperly prescribes Invisalign, it can result in damage to a patient’s mouth, which is negligible.
- Dentures—For many older individuals, dentures are a basic part of life. They have lost all or part of their teeth and need a set of properly fitted dentures to allow them to eat and enjoy their lives. However, if a dentist does not fashion a set of dentures that fit properly, a patient can have serious problems with eating, not to mention appearance issues. When you get dentures, you are buying a product that must perform as needed. If they do not, you may be entitled to new dentures at no additional cost to you.
- Periodontal Disease—One of the top reasons for patients filing dental malpractice suits is a failure to properly diagnose periodontal disease. Failure to diagnose can cause the condition to become worse, meaning that the patient will have to pay much more for treatment at a later date.
- Dental Perforation—Dental perforation can be a very serious issue. If a dentist does not properly diagnose a potential perforation, then something such as a bur or tooth fragment can perforate the patient’s sinuses. This can create an infection that can potentially lead to hospitalization for treatment or even death.
Contact Our Florida Dental Malpractice Lawyer For Help:
Just because you are seeing a dentist doesn’t mean you shouldn’t expect the same level of quality care as from other health professionals. If you or someone you love has been injured by a dental procedure and you feel that negligence was involved, then contact Florida personal injury lawyers at the law offices of Wolf & Pravato so you can learn more about your legal rights in this matter when it comes to suing for dental malpractice.
FAQs
What is dental malpractice?
Dental malpractice occurs when a dentist does not act within their duty of care. A dentist who causes harm because they acted unreasonably may be guilty of dental malpractice.
Our firm can help you prove you are a victim of dental malpractice. We can prove negligence by showing:
- The dentist in question was your dentist.
- The dentist owed you a duty of care.
- The dentist violated their duty of care.
- The dentist’s violation of their duty of care harmed you.
- The harm you experienced caused you to suffer losses.
There are many specific forms of dental malpractice. Our team is available to discuss your case.
My dentist denies responsibility for my dental problem, but I think they caused it. What should I do?
You should call our team to review your case. If you believe your dentist has caused a dental problem, we can advise you of your next steps.
Our team can:
- Record your account of events
- Conduct independent research into your case
- Arrange for you to see another dental professional who can provide insight into your dental problem
- Proceed with your claim if you are the victim of dental malpractice
- Negotiate with the medical provider’s insurance company
- Take your case to court if needed
Your consultation is free. Our team will provide valuable advice regardless of whether you decide to pursue compensation.
Why should I file a dental malpractice lawsuit?
You should file a dental malpractice lawsuit because you may deserve compensation. Filing a dental malpractice lawsuit might be your best option for securing awards.
Dental care costs are already high and continually rising. If you have a dental problem, you may need corrective procedures that will cost you.
A successful lawsuit may provide coverage for:
- Dental procedures
- Pain and suffering
- Lost income
- Other losses stemming from malpractice
We can provide a dental malpractice lawyer serving Fort Myers to handle your case. They can pursue the coverage that you are entitled to.
Does my dental malpractice case stand a chance?
Your dental malpractice case could stand a strong chance of success. However, trying to handle the legal process on your own could prove difficult.
Your dental issue could be causing significant pain. You may have physical limitations. Further, you may not be familiar with handling legal cases.
Our team will explain your options for compensation during a free consultation. Upon accepting your case, we will take action to try and win you a settlement. These actions include:
- Gathering evidence
- Hiring experts
- Negotiating for fair compensation
A dental malpractice lawyer near Fort Myers from our team can help you achieve a positive financial outcome.
How long can I wait before it is too late to file a lawsuit against my dentist?
You generally have two years to file a lawsuit against your dentist, according to Florida Statutes § 95.11(4)(b). This period is not long, and you should not wait to start your case.
