Everyone likes to look their best, and this includes a beautiful smile. Unfortunately, many people have dental issues that affect their self-esteem or general well-being, leading them to invest in costly procedures such as a full mouth restoration. This type of treatment, which can cost tens of thousands of dollars, may involve crowns, bridges, implants, and other extensive dental treatment. While most restorations are successful, sometimes infections or other complications result, and the patient is left with pain, disfigurement, or other serious injuries. Rockland County dental malpractice lawyer Valerie J. Crown helps people who have been harmed by negligently performed full mouth restorations seek compensation for their injuries.
As with any type of personal injury claim, there is a statute of limitations that limits the time period during which a person harmed by an act of dental negligence can file a claim against the responsible dental provider. Generally speaking, this time period is two years and six months. There are some exceptions to this general rule, particularly in cases in which the patient has been receiving continuous treatment from the negligent dental provider. If you believe that you have been a victim of dental malpractice, it is important that you speak to an attorney as soon as possible so that your dental records can be obtained and reviewed by an appropriate professional, and a claim can be filed in the proper court, if necessary. Keep in mind that New York also has a statute of repose in dental malpractice cases, which is a time beyond which a claim may not be filed, even if the patient has been receiving continuous treatment.
Elements of a Dental Malpractice Claim Under New York LawA properly performed full mouth restoration can improve not only the patient's aesthetics but also the function of his or her mouth. When a full mouth restoration procedure fails, however, the patient can suffer infections, pain, loss of teeth, and, in extreme cases, even death. People who are injured by an act of dental malpractice, or who lose a loved one due to a negligent dentist, have the burden of proving that the defendant, in a dental malpractice case, is liable for the patient's injuries or death. Personal injury claims, arising from acts of dental malpractice, such as carelessly performed full mouth restorations, involve several elements. The basic elements of a negligence case are duty, breach of duty, causation, and damages.
In malpractice cases, the duty element is often described as the "standard of care," which refers to the degree of prudence, caution, and attention that a reasonably competent and skilled dental professional would have exhibited toward the patient. Under New York's "locality rule," a defendant dentist's level of care is measured against other dental providers in his or her community, instead of dentists across the country. In other words, a small-town dentist is not necessarily expected to provide the same cutting-edge care that a dentist located in a large metropolitan area might provide. In most cases, an expert witness is required to testify at trial regarding the standard of care element, as well as the other elements of the plaintiff's case.
Hire an Attorney Following an Incident of Dental Malpractice in Rockland CountyFiling a claim for dental malpractice following an improperly performed full mouth restoration or another failed dental procedure can be a complex process. Dental records must be secured and reviewed, an expert witness must be retained, and the proper paperwork must be filed in a timely fashion in an appropriate court - and that is just to get the case started. At the Law Firm of Valerie J. Crown, Attorney at Law, P.C., our experienced Rockland County lawyers are here to help you with each step in the process of pursuing the financial compensation that you deserve following an act of dental malpractice. For an appointment to discuss your case, call us at 845.708.5900 or contact us online. You can also reach Valerie 24/7 through her cell phone at 845.598.8253. We handle dental malpractice cases in Rockland, Westchester, Dutchess, Ulster, and Orange Counties, and New York City as well as elsewhere in the Greater New York area.