Dental Malpractice Lawyers
Dental health matters as much as any other area of health with respect to a person’s ability to enjoy their life. It is because of us that all of us attend Dental specialists, whether it be a dentist, orthodontist, endodontist, periodontist, or prosthodontist. We rely on these specialists to keep our teeth and mouths healthy and put our trust in them to do so. Unfortunately, there are many instances where negligence can occur in dentistry when the standard of care expected of the dentist is not met. This can occur in a number of ways, whether it’s dentist performing procedures that should be done by specialists, improper treatment or diagnoses, unnecessary extractions, improper use of anesthesia or improper dental management. A mistake does not have to be made by the dentist themselves, it can be done by dental hygienists or other support staff.
Dental Negligence can result in a number of significant issues, including:
- Loss of Teeth
- Chipped or Broken Teeth
- Nerve Damage
- Bone Damage
- Corrective Surgery
- Loss of Sensation
- Difficulty chewing
- Temporomandibular joint injury (TMJ)
- Unnecessary Extractions
- Complications from improper use of anesthesia
- Root Canal Injuries
- Infections in the teeth, gums or jaw
- Defective/improper tools
- Dental Bridges and Crown Complications
- Dental Implant Complications
- Failure to Diagnose oral disease or oral cancer
- Impaired speech
- Impaired hearing
- Loss of balance
- Post Traumatic Stress Disorder
In dental malpractice claims an issue can be whether or not a patient gave informed consent to the treating dentist/dental expert before undergoing the procedure which resulted in a claim. This means that if there is inherent risk to a procedure and the patient was informed of these risks and chose to go ahead with the procedure in any event, you cannot allege negligence if those risks crystalized resulting in damages.
If informed consent was not obtained by the dentist/dental expert and a poor result was achieved with negative repercussions for the patient this could be the basis for a claim in negligence. One defence to this is if the dentist/dental expert can prove to a court that even if the patient had been advised of a potential risk, that such a risk was so remote and unlikely to occur that a reasonable individual in the patient’s position would have agreed to the procedure in any event.
Not only can dental negligence result in physical and emotional losses, but there is often a financial cost associated with the reconstructive or restorative work necessary to fix the problems that arose from negligent dentistry and that cost can be significant, often in the many thousands of dollars range. It is important that you keep invoices and receipts for all expenses incurred to dental negligence as you will be able to recoup these costs in your claim.
If you believe you have a claim against a dentist, orthodontist, endodontist, periodontist, or prosthodontist, call the lawyers at Taylor & Blair LLP today.
What Compensation Is Available For Dental Malpractice Claims?
Because the facts and circumstances surrounding each case are different, each case is unique and requires careful handling and expert examination. As some of the most experienced personal injury lawyers in Vancouver, we have over 30 years of experience handling all kinds of injuries ranging from minor whiplash cases to serious brain injuries. What each case is worth and what compensation you’re entitled to depends on the specific facts of the case. However, generally speaking in personal injury claims you can seek compensation (also called damages) for:
- Pain and suffering (or non-pecuniary damages)
- Past loss of Income
- Future loss of income
- Loss of capacity to earn income
- Loss of homemaking capacity
- Cost of future care
- Out of pocket medical expenses (or special damages)
- In-trust claims