Miami Dental Malpractice Lawyer
What is Dental Malpractice?
Dental malpractice is a form of medical malpractice that occurs by a dentist, orthodontist, periodontist, or other dental/medical professional. This type of malpractice occurs when a dentist or dental professional administers dental care negligently or of a quality below normally accepted medical standards, which results in injury to a patient. Dental patients who have suffered an injury due to below-standard dental work have the option of filing a dental malpractice lawsuit to compensate them for their injuries. If you have been the victim of dental malpractice by a dentist or other dental/medical professional in the Miami area, then you must speak to experienced dental malpractice lawyers immediately.
Common Types of Dental Malpractice
Some of the most common kinds of dental malpractice cases in Miami include errors, negligence, and omissions in the following practice areas:
Causing an Injury During Treatment: Florida dentists are tasked with using various surgical tools when carrying out dental procedures and treatments on dental patients. If dentists use these tools negligently, they can easily cause a personal injury to people that could have been prevented.
Improper Tooth Extractions: Dental patients can suffer personal injury when a dentist is negligent in a tooth extraction procedure or treatment, which can cause infections or require further treatment. Dentists can also be negligent during extraction by extracting the wrong tooth.
Performing Unnecessary Medical Treatment: This typically occurs in cases where a Miami dentist is trying to run up your medical costs by performing costly dental procedures that are not medically necessary – but it could be simply that a dentist makes an error and carries out the procedure (such as a root canal) on the wrong tooth – causing unnecessary nerve damage.
Failure to Properly Diagnose: If your dentist misses a diagnosis during a checkup or other procedure, then they can be considered to have committed dental malpractice by violating the necessary standard of care for patients. This may be the case if dealing with particular kinds of periodontal disease and oral cancer.
Improper Anesthesia Administration: A patient can suffer serious health issues when anesthesia is administered incorrectly during dental procedures.
Prescribing Incorrect Medication or Dosage: Miami dentists are given the privilege to prescribe various medications to help dental patients manage their pain and properly heal after a dental procedure. Prescribing the incorrect medication or dosage can have disastrous consequences.
Using Excessive Force on Children During Treatment: Children require special treatment during their dentist or oral surgeon visits. If a dentist is not careful, he or she can injure a child, resulting in serious injuries and permanent damage that could have been prevented.
This is not a complete list of practice errors in which negligence or error can occur by any means. If you have suffered an injury due to dental malpractice, it is important to act quickly. In the state of Florida, you have two years to file a dental malpractice claim under the state’s statute of limitations. If you do not file your dental malpractice lawsuit within two years of your injury, then you will likely forever be barred from filing a claim and receiving compensation for your injury.
Legal Elements Required to Prove Malpractice
Miami, FL dental malpractice laws can be complex. For a law firm to prove your dentist or other medical professional committed malpractice, you will typically have to seek a claim under the legal doctrine of negligence. In a negligence case, you or your lawyers have to prove four elements to be successful:
The dentist or other dental/medical professional owed you a specific duty of care;
The dentist or dental/medical professional breached that duty of care;
You suffered injuries that were caused by the breach of duty; and
Your injuries suffered at the hands of a dentist or other dental professionals can be quantified by a dollar amount resulting in damages paid to you.
Generally, you will only be successful in a Florida dental malpractice case if you can prove the existence of the elements above. In most situations, you will only have one chance to present your case to a court to seek compensation; make sure you do it right, or you may never be compensated for your experience.
What Kinds of Compensation Might Be Available for Florida Dental Malpractice?
The most common types of compensation that might be available to you if you are the victim of dentist mal practice include:
- Lost wages
- Past and future medical bills
- Physical pain and suffering
- Quality of life reduction
- Wrongful death costs and expenses
- Loss of consortium
Punitive damages may also be available in your case is particularly extreme as a measure to punish the dentist or dental/medical professional for their behavior and actions. Punitive damages are not extremely common but may still apply to your case. Don’t suffer through another day without the appropriate help and guidance for your dental injuries. Call us at the Law Office of Prosper Shaked today so a dedicated dental malpractice attorney can help you determine what compensation might be available in your specific case.
Talk to Experienced Dental Malpractice Lawyers Today
If you or a loved one has suffered an injury due to dental malpractice in Miami, then you must consult with an experienced Miami, FL dental malpractice attorney. The Law Offices of Prosper Shaked is proud to offer a FREE consultation and case evaluation to all prospective clients. Call us today at (305) 694-2676 or contact us online for an experienced and honest assessment of your legal situation.
Our advice is free, and the attorney-client privilege will always protect all our discussions. Take your first steps towards recovery with a free consultation with an experienced Florida dental malpractice attorney at the Law Office of Prosper Shaked today.