Yes, dentists can be liable for medical malpractice in New York. They are
bona fide doctors licensed to practice dentistry and therefore fall within
the definition of what a “medical professional” is that can
and will be held liable for medical malpractice.
Experienced Kingston dental malpractice attorneys know that the overwhelming majority of dentists do not negligently harm
their patients. With that said, dental malpractice continues to occur,
even at the hands of well meaning dentists. Mistake happen, we all know
that. But sometimes they should not happen.
When a mistake happens during the course of dental care that should not
have happened, the offending dentist may have committed medical malpractice.
But it does not mean that the dentist will be in fact guilty of medical
malpractice. This is because every mistake is not a negligent mistake.
Only acts of negligence give rise to medical malpractice.
So what does it take to prove
dental malpractice? How do you know when it happens? What do you do when it has?
On the most basic and fundamental level, dental malpractice is little different
from a normal negligence claim. When there is a: 1) duty; 2) breach of
that duty; 3) causation; 4) injury; 5) damages; then there is a strong
claim for dental malpractice.
With that said, proving dental malpractice and the requirements thereof
are much different than that which is required in an ordinary negligence case.
Without muddying the waters too much, let us explain things in more normal
terms instead of the usual legal mumbo jumbo that attorneys like to use.
Dentists must treat their patients as would any other dentist in the community.
Whether you have gum disease, a cavity, chronic pain, an infection, the
dentist should treat you in accordance with professional standards. In
fact, that is the dentist’s duty to you as the patient.
But if the dentist deviates from that standard, signs of trouble can be
on the horizon. Deviating from the standard of care can lead to otherwise
unnecessary root canals, infection, oral pain, jaw damage, tooth loss,
and even damaged nerves.
If another dentist in the area would not have strayed from the duty of
care like the offending dentist did, there may have been an act of
So long as that deviation was the cause of you oral suffering, you can
receive compensation. That is, of course, only if you have been injured
and that injury caused you to suffer a loss such as pain and suffering,
lost wages, medical bills, and the like.
Definitely, if you received a bad root canal, dental bridge, or any other
faulty dental care, you have rights and you should contact an attorney.
Learn about medical malpractice and the many times of negligent acts which
constitute medical malpractice in
our latest blog post available here. Learn about surgical errors
in our blog post available by clicking here. Failure to diagnose cases are deadly because diseases are allowed to
fester and get worse, but learn why else failure to diagnose cases are deadly
in our blog post available here. Learn about birth injuries and why they are so troubling
in our blog post available here.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
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