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Spanish Common signs of dental malpractice include symptoms of an infection after a procedure and pain that does not seem to get better. If you were a victim of dental malpractice, you should consider hiring a dental malpractice lawyer and see a dentist you trust to treat your injuries.
Dental malpractice signs can be tricky to unravel, but this blog offers some suggestions that could provide guidance on what you can do after suffering from dental malpractice. A personal injury attorney can evaluate your situation and help you hold the at-fault party accountable for your losses.
Common Signs of Dental Malpractice
Some dental negligence indicators are not patient symptoms, but rather, they are conditions or behaviors at the dentist’s office. For example, if the dentist’s office does not properly sterilize the dental equipment or instruments, is not clean and sanitary, has a pest infestation, or uses expired medications, they might be delivering substandard dental care and exposing their patients to a higher risk of harm.
A patient might experience symptoms like these after dental malpractice:
- They develop a high fever, abscess, or other signs of an infection after a dental procedure.
- They notice that the dentist extracted the wrong tooth or more teeth than the patient consented to get removed.
- Pain in the mouth, jaw, or face that does not go away within a reasonable time, is much more severe than expected, or gets worse.
- Another dental or medical professional diagnoses a significant dental condition like oral cancer that should have been diagnosed by the dentist at previous office visits.
- The patient has an adverse reaction to a drug that their medical history contraindicated.
- The patient suffers cosmetic injury to their face, lips, jaws, or teeth from a dental procedure.
- The patient has facial paralysis, ongoing numbness, or other symptoms after anesthesia from the procedure wears off.
- Severe jaw pain that continues long after the procedure. This symptom might indicate temporomandibular joint disorder (TMJ), according to Mayo Clinic.
If you think that your dentist might have committed malpractice that injured you, you can talk to a dental malpractice attorney to find out if you might have a claim.
What You Can Do If You Suspect Dental Malpractice
Dental malpractice claims are often complicated. There are laws you must follow to ensure your case is filed correctly. You may not want to try to handle your own case because the dentist’s professional liability insurance carrier will have the advantage of teams of workers’ compensation lawyers protecting them from your claim.
Your dental malpractice attorney can talk with you about whether the best option in your situation is a dental negligence claim or lawsuit. If the statute of limitations is approaching soon, you may need to file a lawsuit to protect your right to seek compensation for your losses. The filing deadline for dental malpractice lawsuits in California is generally three years under CCP § 340.5.
If appropriate, a dental malpractice claim can involve negotiating for a fair settlement with the dentist’s insurance company. A malpractice claim can be quicker and less formal than a lawsuit. The negotiations can continue even after a lawsuit gets filed. Most negligence cases are settled without having to go to trial.
Types of Recoverable Damages in Dental Malpractice Cases
The kinds of dental malpractice compensation you can seek in your claim or lawsuit will depend on the specific facts of your situation. Every dental malpractice case is different. Some of the common categories of monetary damages in these cases include the following:
- Medical and dental bills to correct the damage from the malpractice. The expenses you incur to repair the injury and treat the complications are typically recoverable. This may include prescription medications, dentist visits, and dental treatment costs.
- Lost income. If you missed paychecks because you could not work while recuperating from the malpractice injury and subsequent treatments, you typically can include this financial loss in your dental negligence claim or lawsuit.
- Pain and suffering. You can seek compensation for the physical discomfort you endured because of the dental malpractice.
- Other intangible losses like loss of enjoyment of life and scarring and disfigurement.
California law limits the amount of non-economic losses that a person can recover in medical or dental malpractice cases. A medical malpractice attorney can assess your case to determine which losses you can recover.
Contact KJT Law Group to Learn More About the Common Injuries Associated With Dental Malpractice and What to Do
KJT Law Group helps victims of dental malpractice pursue justice and compensation. If you suffer oral disease, nerve damage, or any other injury or sickness because of a dentist, our lawyers will fight for you.
We offer a free initial consultation at no cost. Call us today at (818) 507-8525 to get started on your case.
