A dental malpractice attorney helps patients who are injured due to negligent dental care, including misdiagnosis, surgical errors, or failure to treat serious oral conditions. In Rockville Centre, NY, victims of dental malpractice may be entitled to compensation if a dentist fails to meet the accepted standard of care.
All medical professionals, including dentists and oral surgeons, have an obligation to maintain a standard of care and provide for their patients’ safety. Countless Americans go to the dentist with afflictions every year and expect to have their symptoms treated, not made worse.
What is Dental Medical Malpractice?
Dental malpractice is a form of negligence that occurs when patients are harmed by negligent dental work, failure to diagnose or treat a dental condition, delayed diagnosis or treatment of oral disease, or any intentional misconduct on the part of the dental professional.
Dentistry is complicated work that requires dentists to be alert and attentive when they’re treating patients – when professionals fail to perform their responsibilities in a safe way, injuries and deaths can occur.
What Constitutes Dental Malpractice in New York?
Dental malpractice in New York occurs when a dentist fails to provide care that meets accepted professional standards, resulting in injury to the patient. To constitute malpractice, the following elements must generally be present:
- A dentist-patient relationship existed
- The dentist deviated from the accepted standard of care
- The deviation directly caused injury or harm
- The patient suffered damages as a result
Not all dental complications qualify as malpractice. The key issue is whether the dentist’s actions were negligent or fell below the standard of care expected in New York.
Common Causes of Dental Malpractice
- Improper dental procedures
- Failure to diagnose oral disease or infections
- Surgical errors
- Poor post-treatment care
- Lack of informed consent
- Improper placement of dental implants
Signs You May Have a Dental Malpractice Case
You may have a valid claim if you experience:
- Persistent or worsening pain
- Numbness or nerve damage
- Infection after treatment
- Failed dental procedures
- Need for corrective surgery
- Difficulty chewing or speaking
When Can You Sue a Dentist for Bad Work?
If you were injured as a result of negligent or substandard dental care, you may be entitled to compensation. Debilitating pain as a results of malpractice may cost thousands of dollars to treat and recover. An experienced dental malpractice attorney in New York can help you get the maximum compensation while you focus on recovering.
Our compassionate New York attorneys know how challenging it can be to deal with these injuries and can fight to compensate you for all you’ve been through. Chianese & Reilly Law has more than five decades of experience in holding dental professionals responsible when their actions have injured the patients they’ve been trained to protect.
Common Types of Dental Malpractice
- Misdiagnosis or failure to diagnose oral cancer
- Radiation injuries
- Nerve damage to lips or jaw
- Illness from medications
- Injuries from root canal surgeries
- Deformities from surgeries
- Unnecessary removal of teeth
- Damage to gums
- Permanent numbness from anesthesia
- Failure to diagnose tumors
- Improper placement of dental implants
One of the most common types of dental malpractice is the misdiagnosis of oral cancer. Oral cancer can often appear as an ulcer on the floor of a patient’s mouth, and many dentists fail to correctly diagnosis it, resulting in worsening conditions. Dentists who encounter these ulcers should conduct a biopsy to diagnose it and begin treating it immediately.
Dental Malpractice Cases in Rockville Centre, NY
Patients in Rockville Centre and Nassau County rely on dental professionals for safe and effective care. When negligence occurs, it is important to work with a local dental malpractice attorney who understands New York law and can guide you through the legal process.
How to Prove a Dental Malpractice Claim in New York
In order to have a valid dental malpractice claim, patients must be able to prove that their dentist unintentionally failed to provide an adequate standard of care or intentionally committed an act that no other qualified dentist would have committed in the same situation.
In addition to showing that the professional in question failed to uphold the standard of care, patients also much show that the dentists’ negligence caused their injuries and damages. Individuals can’t file a claim just because they’re dissatisfied with the results of the dentist’s services.
Trust our dental malpractice attorneys in New York to help you get the justice you deserve. Don’t wait. Time-sensitive legal deadlines may apply. Contact Chianese & Reilly Law for a Free Consultation.
Statute of Limitations for Dental Malpractice in New York
In most cases, dental malpractice claims must be filed within 2 years and 6 months from the date of the malpractice.
Types of Compensation in Dental Malpractice Cases
In dental malpractice cases, victims in Rockville Centre, NY may be entitled to several types of compensation to address the harm caused by negligent dental care. The goal of compensation is to help restore you—financially, physically, and emotionally—as much as possible after the injury.
Below are the primary types of compensation you may recover:
Medical Expenses
Victims can recover the cost of medical and dental treatment related to the malpractice, including:
- Expenses for procedures, surgeries, medications, and corrective dental work already received
- Costs of future or ongoing treatment required due to the injury
- Rehabilitation or specialized care if needed
Lost Wages and Loss of Earning Capacity
If your injuries impact your ability to work, you may be compensated for:
- Income lost while recovering from your injuries
- Reduced earning capacity if you are unable to return to your previous job
- Loss of future earnings due to long-term or permanent limitations
Pain and Suffering
Dental malpractice can result in both physical pain and emotional distress. Compensation may include:
- Physical pain caused by the injury or corrective procedures
- Emotional suffering, including anxiety, stress, or trauma related to the experience
Loss of Enjoyment of Life
If your injuries affect your daily life, you may recover compensation for:
- Inability to participate in activities you once enjoyed
- Reduced quality of life due to ongoing pain or limitations
Permanent Disability or Disfigurement
If the malpractice leads to long-term or permanent effects, compensation may include:
- Physical limitations that impact daily functioning
- Permanent nerve damage, facial changes, or scarring
- Ongoing impact on your personal and professional life
Punitive Damages
In rare cases involving reckless or egregious conduct, the court may award punitive damages. These are intended to:
- Punish the negligent dental professional
- Deter similar misconduct in the future
Out-of-Pocket Expenses
You may also recover additional costs related to your injury, such as:
- Travel expenses for medical appointments
- Costs of medical devices or assistive equipment
- Other necessary expenses directly related to your recovery
Fighting for Oral Cancer Victims: New York’s Dental Malpractice Lawyers
While some injuries are temporary and can be recovered from relatively quickly, others are more severe and can have long-term or permanent effects on a victim’s life. No matter whether your injuries are minor or catastrophic, injuries can result in hefty damages that many people aren’t prepared to pay.
Our team has recovered hundreds of millions of dollars for our clients so they can pay their bills and move on with their lives. You shouldn’t have to pay for injuries that another party caused out of negligence.
We can secure the full amount of compensation you need to cover the following damages:
- Medical bills, including expenses like hospital stays, surgeries, medications, and more
- Disability
- Lost wages or earning capacity from missing or quitting work
- Pain and suffering
- Funeral and burial expenses if you lost a loved one due to dental negligence
Additionally, we can make sure your claim and all the paperwork involved are filed on time. In New York, malpractice claims must be filed within the statute of limitations of 30 months, or two and a half years. Don’t take a chance on missing your opportunity to secure the compensation you need to heal.
Dental Malpractice FAQs
What does a dental malpractice attorney do?
A dental malpractice attorney represents patients injured by negligent dental care and helps them pursue compensation.
Can I sue a dentist for malpractice in New York?
Yes, if the dentist’s negligence caused injury or harm, you may file a claim.
What qualifies as dental malpractice in New York?
It occurs when a dentist fails to meet the accepted standard of care, resulting in injury.
How do I prove a dental malpractice claim?
You must show negligence, causation, and damages using medical evidence and expert testimony.
How much is a dental malpractice case worth?
The value depends on the severity of injury, treatment costs, and long-term impact.
How long does a dental malpractice case take?
Cases can take several months to a few years, depending on complexity.