Dentists, like other medical professionals, are capable of making a wide range of mistakes. Dental errors can take the form of a failure to diagnose, an injury during treatment, or a failure to treat a complication from a dental procedure, just to name a few possibilities. When a dental patient is a victim of an act of malpractice, they may endure considerable pain and suffering, disfigurement, infection, or other harm. Correcting a dental mistake, if it is even possible to do so, can be expensive and cause further pain. If you believe that your dentist has made a mistake in failing to treat a complication, Rockland County dental malpractice attorney Valerie J. Crown is here to advocate for you.
Proving a case of professional malpractice can be a challenging task. The law places the burden of proof on the plaintiff. To succeed at trial, the injured person must be able to prove each of the elements of negligence (duty, breach of duty, causation, and damages) by a preponderance of the evidence. In this respect, dental malpractice actions are similar to other negligence lawsuits, such as those arising from car accidents or slip and fall accidents on another person’s property. What sets dental and other medical negligence cases apart, however, is the necessity for expert testimony on the elements of the claim in most situations. This is because most ordinary people are not able to understand what a dentist or doctor did wrong based on their personal knowledge. As a result, retaining a lawyer who can enlist persuasive experts on your behalf is critical.
Holding a Dentist Accountable for a Failure to Treat ComplicationsOne of the first tasks in pursuing a dental malpractice claim is to gather documentation such as the patient’s dental records, the chronology of important events in the patient’s treatment, and any communication between the dental office and the patient. These will need to be reviewed by potential expert witnesses as the case progresses. The defendant also will likely retain an expert witness who will provide their contrasting opinion at trial. Often, the experts in a malpractice case disagree sharply, and it is then up to the jury to decide which opinion is more convincing. If the jury finds in the plaintiff’s favor, damages may be awarded to compensate the plaintiff for medical expenses, lost wages, pain and suffering, and other losses caused by the dentist’s failure to treat complications or other acts of negligence.
New York law places a statute of limitations on dental malpractice claims, meaning that an injured patient has a restricted time period during which they may file the lawsuit. Claims that are not filed within this period are usually dismissed on procedural grounds, even if liability is clear and the patient was seriously harmed. Thus, it is extremely important to talk to an attorney about a dental malpractice claim arising from a failure to treat complications as soon as possible. There is a lot that must be done in order to protect a patient’s legal rights, and the wise course of action is to act sooner rather than later to make sure that time requirements are obeyed and that evidence is thoroughly preserved.
Discuss Your Dental Injuries With a Rockland County AttorneyDentists and other medical professionals are supposed to help patients. When harm is done, even if it was a result of carelessness rather than any intentional wrongdoing, the patient deserves to get answers and to be compensated if it was the dentist’s mistake. Rockland County lawyer Valerie J. Crown can handle cases arising from a failure to treat complications or other forms of dental negligence throughout Rockland, Westchester, and Orange Counties, as well as other areas of Greater New York. Call us at 845.708.5900 or contact us online for an appointment to discuss your case with a medical negligence attorney. There is no charge for the consultation, and there is no obligation if you decide not to go forward with your case.