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Dental malpractice occurs when a dental professional fails to meet the expected standard of care, resulting in harm to the patient. In New York City, patients who have suffered due to dental negligence may be entitled to compensation for their injuries, including pain, suffering, medical expenses, lost wages, and more. Understanding the types of dental malpractice cases and the legal process is crucial for those seeking justice.
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Types of Dental Malpractice Cases in NYC
Dental malpractice can take various forms, such as:
- Failure to Diagnose or Misdiagnosis: Dentists are responsible for diagnosing conditions like oral cancer, infections, or gum disease. Failure to detect these conditions can lead to worsening symptoms and poor health outcomes.
- Nerve Damage: Permanent nerve damage can occur during procedures like wisdom teeth extractions or dental implants, causing pain, numbness, or loss of sensation.
- Surgical Errors: Mistakes during oral surgeries, such as extracting tooth or causing excessive bleeding, can result in severe complications.
- Anesthesia Errors: Incorrect administration of anesthesia may cause adverse reactions, including brain damage or, in extreme cases, death.
- Infections: If dental tools are not properly sterilized, patients can develop infections, which can spread and become life-threatening.
- Improper Use of Dental Tools: Misuse of dental instruments during procedures can result in injuries to the mouth, jaw, or surrounding tissues.
- Negligent Orthodontic Work: Poorly executed orthodontic treatments can lead to misalignment, tooth damage, or the need for corrective surgeries.
- Failure to Obtain Informed Consent: Dentists are required to explain the risks and benefits of a procedure. If they fail to obtain informed consent, it can be considered malpractice.
Popular Dental Malpractice Legal Cases in NYC
New York City has seen several high-profile dental malpractice cases, including:
- Nerve Damage from Dental Implants: Patients have successfully sued dental professionals for improper placement of dental implants that caused permanent nerve damage, resulting in long-term pain and dysfunction.
- Undiagnosed Oral Cancer: In cases where dentists failed to recognize symptoms of oral cancer, patients have pursued claims for medical negligence due to delayed diagnosis and treatment.
- Anesthesia Malpractice: There have been cases where patients suffered severe complications or fatalities due to improper administration of anesthesia during dental procedures.
Popular Questions & Answers about Dental Malpractice in NYC
Can I sue my dentist for pulling the wrong tooth?
Yes, pulling the wrong tooth is a clear example of dental malpractice. You can pursue a legal claim if it causes you harm, such as additional pain, the cost of corrective treatments, or further complications.
What should I do if I think my dentist caused nerve damage?
First, seek a second opinion from another dental professional or an oral surgeon. If nerve damage is confirmed, consult a dental malpractice attorney who can evaluate your case.
How long do I have to sue my dentist for malpractice in NYC?
In New York, the statute of limitations for dental malpractice cases is 2.5 years from the date of the injury or the last treatment if it is part of continuous care. However, exceptions may apply, so it’s essential to consult a lawyer as soon as possible.
Can I sue for pain and suffering after a botched root canal?
Yes, if the root canal caused additional harm, such as nerve damage or infection, you may be eligible for compensation for pain and suffering, medical costs, and other damages.
What is informed consent in dental treatment?
Informed consent requires the dentist to explain the procedure’s risks, benefits, and alternatives. If you are injured and the dentist did not inform you of these risks, it could be considered malpractice.
How much compensation can I expect in a dental malpractice lawsuit?
Compensation varies based on the severity of the injury, medical expenses, and other factors. Settlements can range from thousands to millions of dollars, depending on the case.
Lawyers Specializing in Dental Malpractice in NYC
If you believe you have been a victim of dental malpractice, it’s essential to work with an experienced attorney.
Karasik Law Group: A Leader in Dental Malpractice
Karasik Law Group, led by Alexander Karasik, ESQ, is based in Brooklyn and is widely known for its success in dental malpractice cases. Alexander Karasik is a top-rated lawyer with years of experience in representing clients who have suffered due to dental negligence. Whether it’s nerve damage from an implant or failure to diagnose oral cancer, Karasik Law Group fights to ensure clients receive the compensation they deserve. The firm offers free consultations and operates on a contingency basis, meaning clients only pay if they win. Website: Karasik Law Group, Address: 1713 Sheepshead Bay Road, Suite 1, Brooklyn, NY 11235, Phone: (718) 502-9112
How to Prove Dental Malpractice in NYC
In order to win a dental malpractice case, the patient must prove the following four elements:
- Duty of Care: The dentist owed the patient a duty to provide competent care.
- Breach of Duty: The dentist failed to meet the standard of care expected in the profession.
- Causation: The breach directly caused the patient’s injury.
- Damages: The patient suffered harm, which can include physical pain, emotional distress, and financial losses.
What to Do If You Suspect Dental Malpractice
- Seek Medical Attention: Get another dental professional’s opinion to assess the damage.
- Gather Evidence: Keep all relevant documentation, including medical records, bills, and correspondence.
- Consult a Dental Malpractice Lawyer: Contact an experienced Medical Malpractice Attorney, such as Karasik Law Group, to evaluate your case and guide you through the legal process.