Dental malpractice can have a serious and negative impact on a victim’s quality of life and inflict severe bodily and mental harm. With years of experience assisting victims in Louisville, KY, our dental medical negligence lawyers can guide you through the difficult legal procedure and defend your rights.
McCoy & Hiestand offers a free consultation to discuss your case with no obligation to you. We are aware of the hardship and pain that dental negligence can cause and are devoted to helping you get justice. Our Louisville dental medical negligence lawyers will help you explore your legal possibilities for pursuing fair compensation for missed income, expenses, and more.
If you think you’ve been a victim of dental malpractice, don’t wait to get legal advice. Learn more about how a highly-rated Kentucky law firm can support you in defending your rights and pursuing financial recovery for the injustice that has been done to you.
What is Dental Medical Malpractice?
When a dentist, orthodontist, oral surgeon, or other dental healthcare provider breaks the standard of care while treating a patient, causing harm or injury to the patient, a dental medical malpractice lawsuit may be brought to court.
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How Do I Know I Have a Valid Dental Medical Malpractice Claim?
The following components should be taken into account when determining whether you have a strong case for dental malpractice:
- Did the dentist or another dental healthcare professional owe you as a patient a duty of care?
- Did the dentist or another dental healthcare professional violate this duty of care by acting carelessly, negligently, or otherwise inconsistently with the level of caution that a reasonable dentist or dental medical professional would have used in the same situation?
- What harm or injuries did the dentist’s or another dental healthcare provider’s negligence cause you?
- Did the harm or injury bring on by the dentist’s or another dental healthcare provider’s negligence result in losses for you?
If you answered yes to all of these questions, you are able to prove duty, breach, causation, and damages, which is the prerequisite to filing a successful medical negligence claim. It is best to speak with a Louisville medical malpractice lawyer to assess your claim and confirm the strength of your case.
Common Examples of Dental Medical Malpractice Cases
Dental medical malpractice cases are common but aren’t systematically tracked because they are often settled outside of court. If you believe that you have experienced any of the following instances, our Louisville dental medical negligence attorney can assist you in filing a claim:
- Defective implants, dentures, bridges, or crowns: A damaged or rotting tooth can be replaced to enhance your smile and the quality of your life. A tooth replacement treatment, however, can have serious repercussions if it is not correctly placed or carried out. These effects may result in painful dental operations, lost function, mental anguish, and expensive future procedures.
- Nerve damage: There may be temporary or permanent nerve damage to the tongue, mouth, lips, or jaw. Damage to the nerves can cause pain, tingling, numbness, and difficulties speaking or swallowing.
- Loss of sensation and taste: These issues can significantly lower a person’s quality of life and may be either temporary or permanent.
- Fractures or dislocations in the jaw: A broken jaw can cause long-term problems with biting, eating, and speaking, in addition to requiring a lengthy recovery period. They can also modify your appearance and the structure of your face.
- Puncturing of the sinuses: Injuries to the sinuses can have unpleasant and long-lasting effects because the region between the mouth and nose is highly sensitive. When tooth extractions and other treatments are done on the top arch of teeth, sinus perforations are frequently seen.
- Structure damage: Due to this impairment, damage to the tongue, lips, chin, and jaw’s external structures makes it challenging to speak, eat, bite, or smile. Also, it might have a long-term impact on a patient’s appearance and mood.
- Temporomandibular Joint (TMJ) Disorder: There are several underlying reasons for a TMJ disorder. Dental malpractice may be to blame for some of these issues, such as trauma to the jaw and mouth, poorly fitted dentures or implants, and missed diagnoses.
- Misdiagnosis: Oral cancer and other oral illnesses should be screened for by dentists and other dental specialists. Your dentist may be held accountable if they fail to recognize or properly address a sign or symptom of oral cancer.
- Incorrect tooth extraction: After having oral surgery, patients often discover that their dentist or surgeon removed all of their teeth—or the wrong teeth—inadvertently.
- Ingesting a foreign body: A dentist or surgeon may drop a piece of a small dental tool, which the patient may swallow or inhale. These injuries can have quite catastrophic repercussions on the victim’s health.
- Improper anesthesia dosage: Anesthesia mistakes are among the most dangerous in surgical procedures overall. These mistakes, which could be fatal, could have to do with dosage, intubation, or monitoring faults.
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What Recoverable Damages Can I Collect From a Dental Medical Negligence Claim?
If you have experienced medical negligence during a dental procedure, you may be eligible for a variety of damages, including the following:
These are financial losses you have incurred as a direct result of dental negligence, including medical bills, missed wages, and future medical costs.
These are intangible losses, such as pain and suffering, mental distress, loss of enjoyment of life, and deformity, that you have endured as a result of dental negligence.
These compensation amounts are meant to make up for the dentist’s or another dental healthcare provider’s severe actions, such as willful or careless misbehavior.
The particulars of your case and the legislation in your state will determine the potential damages that you may be able to receive in a dental medical negligence case. It’s crucial to speak with a knowledgeable Louisville dental medical malpractice lawyer who can assess your case and ascertain the kinds of damages you might be able to claim.
Can I Still Bring a Dental Medical Malpractice Claim Forward If It’s Been a While Since It Happened?
There is a statute of limitations in Kentucky for bringing claims for dental or medical negligence. As a result, you typically have one year to submit a claim from the date of the alleged malpractice or from the day that you discovered or should have discovered the harm.
There are a few exceptions to this rule, though. The statute of limitations may be extended, for instance, if the injury was not immediately apparent or if the victim was a minor at the time the malpractice occurred. There can be further situations that toll or suspend the statute of limitations.
If you think you may have a case for dental or medical malpractice, you should speak with a Louisville personal injury lawyer as soon as possible.
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Improve Your Chances of Winning Your Dental Medical Malpractice Claim
The law office of McCoy & Hiestand is skilled in negotiating settlements and litigating in court if an agreement cannot be reached. Contact one of our Louisville dental and medical malpractice lawyers right now if you believe that you were a victim of dental or medical negligence.
A member of our staff will set up a free consultation for you to speak with a Louisville dental malpractice attorney about the specifics of your case, the potential compensation, and any other issues you may have.
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