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Dental malpractice is more common than many people realize. We trust that when we go to the dentist that we will receive competent, professional care from our dental provider. However, when dentists, orthodontists, periodontists, and other oral health professionals are negligent and make mistakes, patients can be seriously injured. Is there a way to hold dentists responsible for negligence and making mistakes?
Our Nebraska dental malpractice attorneys assist clients in filing injury claims and dental malpractice lawsuits when they have been injured because of errors and mistakes by dentists and other oral health professionals. Dentists, orthodontists, periodontists, and other oral health professionals are held to a medical standard of care, similar to other health care providers. If an oral health provider breaches that standard of care, the provider can be held liable for damages caused by the breach.
However, proving that a dentist or other provider is liable for damages in a dental malpractice claim can be difficult and complicated. We must prove the four basic elements of a malpractice case to prove the dentist is liable for malpractice. Those elements are as follows:
This element of a dental malpractice claim can typically be proven through medical records stating that you consented to treatment by the dentist.
All dentists owe their patients a duty to provide competent care, and to meet the standard of care. Once the patient-dentist relationship is established, the duty of care exists.
This element of a dental malpractice claim is more difficult to prove. A dental expert is required to provide testimony regarding what a skilled, trained dentist with comparable experience would have done given the same or similar circumstances. The dental expert must also explain how the dentist’s deviation from the standard of care caused your injury.
Dental errors, negligence, and mistakes are typically considered dental malpractice. However, if a dental error does not result in damages, such as injuries and financial losses, the error would not be considered dental malpractice. Evidence is needed to prove the dental error resulted in your injury and damages. The dental expert is key in this step of the dental malpractice process.
If you suspect that you were injured because of a dental error or dental negligence, we encourage you to contact our office immediately. The steps you take next could impact your legal case, as well as your dental health.
If you need emergency dental services, contact a trusted dentist for treatment, but keep detailed records of all procedures and what the dentist tells you about your condition. As soon as possible, contact our office for a consultation with a Nebraska dental malpractice attorney.
Our lawyers have the resources to investigate the allegations of dental malpractice, including obtaining your dental records from all providers and locating a dental expert to assist in analyzing your case and providing expert testimony regarding the dental errors and dental negligence that led to your injuries and damages.
The Law Firm of Berkshire & Burmeister represents clients in Nebraska and Iowa. If you believe you may have a dental malpractice case, call 402-827-7000 to schedule your consultation with one of our dental malpractice attorneys.