If you have been severely injured by a dentist’s errors or lost a loved one because of negligent dental care, a Schenectady dental malpractice lawyer could help you recover the compensation you deserve for your losses, pain, and suffering. A medical malpractice lawyer with a history of handling dental malpractice cases could offer counsel on your potential claim and your legal options.

Timeframe for Dental Malpractice Cases in Schenectady

As in every personal injury case process, there are expiration dates to the right to file suit. The time frame is subject to a statute of limitations, which varies by state. In New York, dental malpractice claims have a two-and-a-half-year statutory deadline according to New York Civil Practice Law & Rules Section 214-A.

When the dental professional committed the negligent act, the time starts to run. While the time frame is fairly strict in most cases, a dental malpractice lawyer in Schenectady may be able to pursue an exception for certain cases. If a foreign object is left in a patient, or the malpractice involves continuing treatment, the deadlines may be different. If there is a series of treatments, plaintiffs may only have one year after the last treatment to file a claim for damages.

Common Types of Dental Malpractice

Some examples of negligent actions that often qualify as dental malpractice include:

  • Failure to obtain the individual’s medical history, causing issues such as avoidable complications or dangerous drug interactions
  • A delay in necessary treatment without an industry-standard medical reason
  • Inadequate application of dental appliances and treatments
  • Failure to diagnose or notice an oral condition
  • Extracting the wrong teeth or failing to remove a tooth that needed to be extracted
  • Anesthesia errors or failing to properly monitor the individual’s oxygen levels during sedation

In very rare cases, extreme dental malpractice might lead to the patient’s wrongful death. In other situations, the dentist may not possess sufficient qualifications to practice on patients. Under New York State Education Law Title 8, Article 133, Section 6604, dentists must fulfill a range of requirements in order to be formally licensed, including a doctoral degree in dentistry and passing written exam.

Liability in Dental Malpractice Claims

To pursue a successful dental malpractice case, the plaintiff’s claim must involve the following elements:

  • A formal relationship must have existed between the patient and dentist, establishing that the medical professional owed the plaintiff a duty of care
  • The dentist made a preventable error that could have been reasonably foreseen and avoided by another prudent dental professional
  • The patient suffered an injury as a result known as damages
  • The injury must have stemmed from the dentist’s wrongful conduct or negligence, known as causation.

A knowledgeable Schenectady lawyer could investigate the alleged malpractice and identify any liable parties and collect evidence. Dental malpractice victims could recover a variety of damages to compensate for their losses including medical bills, lost income, mental distress, pain, and suffering.

Schedule a Case Evaluation with a Schenectady Dental Malpractice Attorney

If you suspect that your dentist made a mistake or was improperly licensed and you suffered serious injuries as a result, you might be entitled to financial compensation. Call today to schedule a confidential case evaluation with a Schenectady dental malpractice lawyer.