If you or a loved one has been severely injured because of a dentist’s mistakes, a Newburgh dental malpractice lawyer could help you collect monetary compensation for pain, suffering, and other damages. Some dentists are careless, reckless, or negligent in performing their medical duties while others may lack the appropriate qualifications to work on patients. To discuss your potential claim and legal options moving forward, call a knowledgeable medical malpractice attorney today.

Liability in Newburgh Dental Malpractice Cases

Most dental malpractice cases are founded on the doctrine of negligence, which contains four primary components. There must be a duty owed, a breach of that duty, damages, and causation. Medical professionals have an obligation to perform their duties according to the prevailing standard of care in their medical field, meaning they would act as any other prudent professional would in the same instance.

To establish a duty of care in a Newburgh dental malpractice case, the attornies typically obtain the expert testimony of another medical professional. After determining the applicable standard of care, they must prove that the defendant breached that standard of care in some way. Dental malpractice could take various forms including:

  • Anesthesia mistakes
  • Surgical mistakes
  • Misdiagnoses
  • Insufficiently informing the patient of the risks associated with a particular procedure
  • Failure to refer a patient to a specialist

Upon showing the duty and breach of duty, the third step is to establish that the defendant’s malpractice was the direct cause of the victim’s injury. Finally, the victim must have sustained actual damages from the malpractice which might include past and future medical costs, past and future lost wages, and pain and suffering.

Shared Fault Laws

According to New York Consolidated Laws, Civil Practice Law and Rules, §1411, if the claimant’s malpractice case goes to trial and they are found to be partly to blame for their injuries, they would still be able to recover compensatory damages. New York courts follow the pure comparative negligence rule. So, if the plaintiff is found to bear some portion of fault for their illness, injury, or medical condition, damages awarded will be diminished proportionally to their share of the blame. A seasoned dental malpractice lawyer in Newburgh could fight for an injured individual’s right to fair compensation.

Filing a Newburgh Dental Malpractice Lawsuit

A statute of limitations is the set time limit provided by law for plaintiffs to file a civil claim. New York law generally grants a two-and-a-half-year statutory deadline to file a medical malpractice suit.

If the lawsuit is not filed within this period, the court could dismiss the case as untimely and the plaintiff may be barred from financial recovery. However, a Newburgh attorney could help victims file a viable dental malpractice claim in a timely manner.

Get Legal Guidance from a Newburgh Dental Malpractice Attorney

Doctors, dentists, and their insurance companies fight hard against malpractice claims. To explore your legal options consult a Newburgh dental practice lawyer who understands the law, has the necessary resources to secure an appropriate expert witness and take the case to trial if needed. Do not delay scheduling your case consultation with a Newburgh dental negligence attorney so you can pursue justice today.