Negligent Dental Care

We go to the dentist to stay healthy. Regular dental care is a very important part of a healthy lifestyle, and emergency dental care is sometimes necessary to prevent serious illness or discomfort. Most of us don’t realize that we could be seriously injured by negligent dental care. You have the right to expect to be treated appropriately by your dentist. And if things do go wrong, you have the right to compensation for your pain and expense.

If you or a loved one has received negligent dental care, seeking the advice of an attorney is your best course of action. Most people do not hesitate to contact an attorney when a doctor has acted negligently, yet they do not realize that the same legal protection is available for victims of negligent dental care. Like doctors, dentists are medical professionals held to a very high standard of care. If you believe that your dentist has acted negligently, and you have incurred pain or expense because of that negligent health care, you should contact an attorney immediately to discuss your options.

Florida Dental Malpractice Attorneys

The attorneys at Levine & Glassman, P.A. are ready to answer your questions and protect your rights. Our dental malpractice attorneys are experienced and knowledgeable. If you are located in Southeast Florida, including Fort Lauderdale, Miami or Palm Beach, and you have been the victim of negligent dental care, you should contact us today for a free consultation. Simply call (954) 332-6100 or fill out our online case evaluation form.

Negligent Dental Care Information Center

• What is negligent dental care?
• What are some signs or symptoms of possibly negligent dental care?
• What should I do if I believe my dentist has acted negligently?
• What other resources are available to help me choose the right dentist or report a problem with a dentist?
• How can Levine & Glassman help me?

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Overview of Negligent Dental Care

Negligent dental care means that the dentist unintentionally or intentionally did something that no other reasonable and prudent dentist would have done under the same circumstances, and you were injured because of it. The injury may be monetary (such as having to pay for further surgeries or treatment), physical, or both.

Examples of negligent dental care include failure to diagnose or treat serious oral disease; injury due to dental work; or failure to obtain informed consent for all of the dental care provided. Negligent dental care does not include dental care that was simply unsuccessful or yielded unexpected results. Dentists, like doctors, can’t guarantee specific results. But dentists are held to a very high standard of care, and if they breach that standard of care, then you may be entitled to compensation.

In order to have a successful dental malpractice claim, the dentist’s actions must be the proximate cause of your injuries. That means that what the dentist did or did not do directly caused your injury, and no other possible cause occurred between the dentist’s actions and your injury. For example, if you become sick because you did not follow the dentist’s instructions after a procedure (whether that procedure was performed negligently or not), your failure to follow the instructions might preclude you from compensation, or your compensation may be decreased.

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Injuries to Look For

The injuries below are usually indicative of negligent dental care. These are not all the possible injuries that could result from negligent dental care, nor are these injuries only caused by dental negligence. However, if you have experienced one of the following injuries and believe it may have been the result of dental malpractice, you should contact an attorney immediately:

• Temporary or permanent numbness in the lips, tongue, jaw or chin
• Loss of sense of taste
• Injury or death during oral surgery, including injury or death caused by anesthesia
• Failure to diagnose or treat oral cancers, gum disease, or any other oral disease
• Injury or infection causing the loss of teeth
• Infection of the tongue, gums, jaw, or teeth
• Improper or needless extraction of teeth

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What to Do if You’ve Been the Victim of Dental Malpractice

Being the victim of any type of medical malpractice is a frightening experience. There are several important steps to take to protect your health and your rights:

1. Document the Event

   Be sure to document what happened to you at the dentist, what injuries happened as a result of the dentist’s actions, and what you had to do to fix the injuries. You might feel like you will never forget the experience, but these kind of cases can take years to come to trial. Documenting the events as they happen will help you prove your case down the road.

   Write down the day and time you visited the dentist, the name and location of the dentist’s office, the dentist’s name, and what procedure or care they provided. Keep copies of any instructions or consent forms the dentist or their staff provided you. Note anything they said to you during the visit, and the name and dosages of any drugs they prescribed.

   Take pictures of any injuries you have sustained, both when they are fresh and as they heal. These pictures should be in color and as close up as possible. Note on the back of the picture what the injury was, where it was located, how long it took to heal, and what kind of pain you experienced.

   It might also be a good idea to keep a detailed journal about how your life has changed as a result of your injuries. Note what kind of things you can no longer do or experience due to your injuries. Write down any expenses or loss of wages you have experienced. Write about the healing process, and any further medical care you have received as a result of the injuries. Keep copies of any medical records you receive.

2. Seek appropriate medical or dental care, if necessary

   Your health is obviously the most important concern. If you are seriously injured, you should seek medical or dental attention immediately.

   Be sure to keep copies of any bills, insurance correspondence, or medical paperwork you receive. Keep a record of the medical or dental care you receive to treat your injuries, where you received it, why you received it, whether it was successful and how much it cost. You may be able to receive compensation for the treatment you were forced to receive as a result of your injuries.

3. Contact an experienced attorney

   You should speak with an experienced dental malpractice attorney immediately about your injuries. Be completely open and honest with your attorney about why you sought dental treatment, what happened during and after the treatment, and whether you have been following all of the dentist’s instructions. Your attorney can help you decide whether or not you have a viable dental malpractice case, as well as inform you of what steps to take next.

4. Report Your Dentist to the Licensing Board or Other Authorities

   You may wish to talk to your attorney about filing a complaint with the Florida Board of Dentistry. This is the entity that licenses and oversees dentists in the State of Florida. This board has a formal process for investigating and disciplining negligent dentists, separate from the civil or criminal justice system. A link to the Board’s webpage is available in resources section below.

   Your attorney may also advise you to report your dentist to the local authorities, if your dentist’s actions may be criminal in nature. For example, in many places, practicing medicine or dentistry without a license is a crime. You should discuss the specifics of your situation with your attorney, who will advise you on what to do next.

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Dental Care Resources:

Florida Department of Health/Board of Dentistry - Information about filing a complaint against a dentist in Florida

Dental Phobia Resources - Fear of going to the dentist might be caused or aggravated by negligent dental care. This website provides information and support for conquering dental phobia.

Find a Dentist - Tips on choosing the best local dentist for you.

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How We Can Help

The personal injury lawyers at Levine & Glassman, P.A. are dedicated to protecting those who have been injured as the result of someone else’s negligence. We are here to listen to your story, show you your options, and help you win the compensation you deserve. Your time to file a dental malpractice claim is limited, so you should contact us today for a free consultation.

If you are located in the Broward County, Palm Beach, or Miami-Dade area and believe you may have been injured due to a dentist’s negligence, call us today at (954) 332-6100 or fill out our online case evaluation form. We are waiting to provide you with the high level of representation you deserve.