(845) 802-0047When a dentist or certified dental professional fails to provide the legally required standard of acceptable care and harms you as a patient, a tenacious medical malpractice attorney can help you pursue compensation. Dental malpractice may include treatment mistakes, diagnostic errors, surgical mistakes, and any negligent treatment the liable party provided that caused you to sustain injuries and financial damages.
Not every failed procedure or error in judgment is grounds for a malpractice lawsuit. The claim must prove the mistakes were caused by the dentist’s subpar treatment. A Kingston dental malpractice lawyer could investigate your case to determine your available legal options.
Provider Negligence Leading to Lawsuits
Some examples of errors leading to dental malpractice lawsuits include:
- Anesthesia mistakes and medication errors
- Mistakes during dental surgery and medical procedures
- Dangerous and faulty implants that cause the patient harm
- Mistakes that cause nerve injuries in the lips, tongue, or jaw
- Dental distraction errors that lead to jaw fractures or infections
- Negligent care that leads to defective crown and bridge procedures
- Failure to recognize periodontal disease, despite examination and the existence of signs and symptoms
A compassionate Kingston dental malpractice attorney has the experience to navigate legal procedures and collect the evidence needed to establish fault.
Expert Opinion Requirement for Dental Malpractice Claims
State laws require that a dental malpractice lawyer in Kingston who is representing the person bringing the claim obtain and file a Certificate of Merit to affirm the injured patient has a legitimate cause for action. According to New York Rules and Evidence § 7.01, before filing the lawsuit, an expert practicing in the same or similar fields of medicine must evaluate the claim and provide statements regarding:
- Confirmation of case review
- Acceptable standard of care for the patient’s medical condition
- Opinion about how the defendant failed to meet their legal obligations while treating the person bringing the claim
- A statement confirming the malpractice caused the patient harm
The affidavit, completed by an expert in the field, establishes the need to proceed with the case and provides vital evidence to support the lawsuit.
Award for Damages
Depending on the case specifics, various types of damages may be available for people who have sustained harm from dental malpractice cases. Economic damages are the out-of-pocket financial losses people sustain because of the defendant’s negligence. That includes the cost of past, present, and future healthcare and lost wages, such as earning capacity and benefits.
The secondary category is noneconomic damages, which the civil court awards for subjective injuries, such as pain and suffering and loss of consortium. A dental malpractice lawyer in Kingston could investigate and collect the crucial evidence needed to win the maximum award for damages.
Meet with a Qualified Dental Malpractice Attorney in Kingston About Your Case Today
If you sustained physical harm and other losses because of negligent dental treatment you received from a certified professional, you must hold them accountable. When medical professionals complete extensive education and tests, they certify their promise to provide each patient with the professional level of care any other professionals in the same or similar fields would provide.
Our experienced legal professionals will protect your rights and advocate for you inside and outside the court. Contact a Kingston dental malpractice lawyer today to schedule a consultation and begin working on your claim.