Dental Malpractice Lawsuits
Going to the dentist generally isn’t any fun. Getting injured or harmed when you go to the dentist makes things demonstrably worse. Like anyone else, dentists and their staff make mistakes. Anyone injured due to negligent dental work or dental malpractice has a right to be compensated. If you think you have suffered from dental malpractice, you should contact an experienced malpractice plaintiff attorney to assess whether you should file a dental malpractice lawsuit.
Types of Dental Malpractice Claims
There are a number of different injuries that can occur when dental malpractice happens. Here are some of the most common types of mistakes that can give rise to dental malpractice claims:
- Failing to complete a thorough oral exam, leading to health problems later on
- Failing to detect an oral disease during an inspection
- Pulling the wrong tooth
- Causing injury to the jaw or mouth tissue
- Causing injury to the sinus cavity during a procedure
- Causing nerve damage
- Infecting patients with unsanitary equipment
- Poorly placed dental bridges, crowns, or implants
- Failing a root canal procedure
- Failing to attain informed consent before commencing an operation, procedure, or course of treatment
- Failing to diagnose a problem
- Failing to refer a patient to a specialist
Bringing Georgia Dental Malpractice Claims
Malpractice claims against dentists, like claims against other healthcare providers, are governed by the Georgia’s medical malpractice law. This law provides a cause of action if and when dentists or their staff negligently harms a patient. To prove a claim, a plaintiff must prove that he was a patient, that he received negligent care as a patient, and that the negligence caused him actual harm.
Issues of negligence and causation are frequently contested in dental malpractice lawsuits. Because of these issues, to succeed at a malpractice claim, dental records and other medical evidence must be well presented by a plaintiff. Typically, a medical expert testifies on behalf of malpractice plaintiffs. A dental malpractice attorney will know how to collect and present evidence effectively.
Under the Georgia statute of limitations for malpractice actions, dental malpractice claims must be made within two years of the discovery of the injury, or within 5 years of the injury being caused, whichever comes first. Generally speaking, once this time period is over, claims are absolutely barred. It is therefore important to contact an attorney to begin the process of investigating a potential claim as soon as possible.
Hire an Attorney if You Have Suffered from Dental Malpractice
Malpractice claims can be complex. Proving negligence and causation often require expert testimony and carefully constructed arguments. Moreover, it is difficult to maneuver the procedural and evidentiary requirements of a dental malpractice lawsuit without a deep legal knowledge. Hiring an attorney that is experienced in handling malpractice claims will greatly increase your chances of success.
The attorneys at Williams Elleby Howard & Easter, work hard to bring justice to victims of malpractice in Georgia. If you would like more information about this issue or would like to discuss your case, contact Williams Elleby Howard & Easter at 833 – LEGALGA for a free consultation today.
