Dental Malpractice Lawyer: Understanding Your Legal Rights

To successfully pursue a dental malpractice case, several key elements must be established. First, you must prove that a dentist-patient relationship existed, creating a duty of care. Second, you must demonstrate that the dentist breached this duty by failing to provide treatment consistent with accepted dental standards. Third, you must show that this breach directly caused your injury. Finally, you must prove that you suffered damages, whether physical pain, additional medical expenses, or emotional distress. A dental malpractice lawyer gathers evidence and expert testimony to support each of these elements in your case.

Dental malpractice can take many forms, including misdiagnosis of oral conditions, improper root canal treatment, extraction of healthy teeth, failure to diagnose oral cancer, inadequate anesthesia, and poor implant placement. Other cases involve infection due to unsanitary conditions or failure to obtain informed consent before procedures. Each situation requires careful investigation and expert analysis to determine whether negligence occurred and what compensation may be appropriate for your injuries.

New York law requires that before filing a dental malpractice lawsuit, you must provide written notice to the dentist or dental practice within ninety days of discovering the injury or within one year of the alleged malpractice, whichever is earlier. Additionally, your dental malpractice lawyer must obtain a detailed affidavit from a qualified dental expert confirming that the defendant's treatment deviated from accepted standards and caused your injury. This expert certification is mandatory and must accompany your complaint when filing the lawsuit in court.

The statute of limitations for dental malpractice claims in New York is generally two years and six months from the date you discovered the injury or should have discovered it through reasonable diligence. However, there are exceptions for minors and cases involving foreign objects left in the mouth. A dental malpractice lawyer ensures your claim is filed within the appropriate timeframe to preserve your right to pursue compensation and avoid dismissal of your case.

Many dental malpractice cases are resolved through settlement negotiations before trial. Your dental malpractice lawyer negotiates with the dentist's insurance company to obtain fair compensation for your injuries. If a settlement cannot be reached, your case proceeds to trial where a judge or jury determines liability and awards damages. Throughout this process, your lawyer advocates for your rights and ensures you receive appropriate compensation for your losses and suffering.