Delayed Dental Treatment

Just as a patient who has been harmed by a physician has a right to pursue compensation through a medical malpractice lawsuit, a person who has been the victim of a dental provider’s negligence has a legal right to seek fair compensation for his or her injuries due to a dentist’s deviation from the acceptable standard of care. Dental malpractice lawsuits can arise from a number of different situations, including delayed dental treatment that results in harm to the patient. The Law Firm of Valerie J. Crown, Attorney at Law, P.C., is experienced in representing injured persons in a variety of dental negligence cases, such as those arising from nerve injuries, infections, and other issues. Our Rockland County dental malpractice lawyers are well versed in the legal and factual issues that can arise in these cases, and can help you understand your legal options.

Dental malpractice cases are based on a theory of negligence. In legal parlance, “negligence” occurs when an individual, business, or governmental entity fails to act in a reasonably prudent manner under the circumstances. In a general negligence case, such as a claim arising from an automobile accident, there are four basic elements: duty of care, breach of duty, damages, and causation. In a professional negligence case, however, there are typically heightened requirements, such that the plaintiff is required to provide expert testimony as to the particular standard of care that should have been followed by the defendant, as well as how that standard of care was breached.

Assuming that the plaintiff can make out a successful case of negligence against a defendant dentist, the plaintiff may be able to seek financial compensation for medical and dental expenses associated with the injuries he or she suffered, lost earnings due to the injury, and payment for pain and suffering. There is no “one size fits all” monetary award in dental malpractice cases arising from delayed dental treatment. The amount of money that the defendant may be ordered to pay to the injured plaintiff can vary widely from case to case, depending upon the nature and severity of harm resulting from the dentist’s neglect. For example, if a delay in treatment resulted in only modest harm, the award of damages will probably be low. If the plaintiff suffered severe harm, or if a patient died and his or her family is asserting a wrongful death claim, the potential damages would be much greater.

Pursuing fair compensation in a dental negligence case can be challenging, as the dentist will likely deny that his or her actions or lack of action were the cause of the harm suffered by the plaintiff. The burden of proof is on the plaintiff to prove his or her case by a preponderance of the evidence. While the realities of malpractice litigation can be daunting, the fact is that serious injuries can result from dental malpractice – loss of teeth, paresthesia, trigeminal neuralgia, infections, and/or the need for extensive, expensive dental work, just to name a few possible complications. If you believe that your dentist has been negligent in treating you, you owe it to yourself to talk to an attorney about your situation to see if you have a case. Keep in mind that time is of the essence in a malpractice case, and you have only a limited amount of time to take legal action, or else your case will be subject to dismissal due to failure to comply with the New York statute of limitations for dental malpractice claims.

At the Law Firm of Valerie J. Crown, Attorney at Law, P.C., we are available to handle many different types of negligence cases, including dental malpractice cases arising from delayed dental treatment, in Rockland County, as well as Westchester, Dutchess, and Orange Counties. We are also available to take throughout New York City and the greater New York area. For a free consultation, call us at 845.708.5900, all Valerie 24/7 on her cell phone at 845.598.8253, or contact us online to set up an appointment.