Dental Malpractice Attorney

Get the legal aid you need. Find pro bono attorneys near you. Learn your options!


The mouth is one of the most-sensitive organs in the human-body. A small injury can cause discomfort. It should be handled with at most care and by qualified medical practitioners.

What is dental malpractice? This is a situation when one has encountered a dental complication such as broken facial bones, nerve damage, infections, fractured jaws or even death as a result of incompetence or negligence of medical-personnel. In such a situation, a dental malpractice lawyer is required to handle the case.

Best Rated Legal Help For Dental Malpractice Cases

Finding legal help for dental malpractice is not an easy task as dental malpractice cases are complex and needs sufficient evidence. Below are some factors to consider before hiring dental malpractice attorneys. Consider an attorney with adequate experience. The potential lawyer should have won a similar case before. No one wants to file a case and end up losing. Conduct a comprehensive background research on the potential-lawyer.

Consider choosing a lawyer with verified legal-license, certification and qualifications. This is the only way to be sure of the competence of the potential-attorney. The papers should be accompanied with good-reputation. Hire a lawyer who is patient-enough to analyze the situation before mentioning the prize of the claim. Quick resolutions may not cater for all the expenses incurred. The defendant may take advantage of the situation and ease him/herself from the liability.

Find Experienced Dental Malpractice Attorneys

The attorney should have enough resources to pursue the case. A dental malpractice case requires that the attorney present a substantial amount of evidence. This requires a professional who is willing to go an extra-mile in building the case. It is important to note that a good attorney should be able to work hand in hand with the client and do everything possible to ensure that the victim receives reasonable compensation. Dental malpractice claims help the affected party to recover damages.

Dental Malpractice

Dental malpractice occurs as the result of a dentist failing to follow the accepted standard of care for the profession and that failure causes harm to the patient. It is important to note that both these conditions must be met for the definition of dental malpractice to apply. When addressing what generally qualifies as dental malpractice, the dentist must have shown negligence and malice that resulted in damages and complications that could be lifelong issues for the patient.

If you have been injured, you must be able to prove several factors to establish dental malpractice:

  • The dentist must have owed you a duty by having agreed to provide you with treatment.
  • It must be shown the dentist breached his duty by falling below the accepted standard of care. This is measured by comparing the dentist’s actions against other dentists of average skill.
  • It must be shown the dentist’s breach caused you harm.
  • It must be shown you suffered harm as a result of the dentist’s breach. However, even if the dentist was blatantly negligent, you cannot sue the dentist if you did not suffer harm. 

Common forms of dental malpractice include:

  • Failure to properly perform a dental exam for diseases.
  • Failure to accurately diagnose diseases.
  • Going past the scope of consent for treatment.
  • Inappropriate use of dental instruments.
  • Incorrect administration of anesthesia.
  • Unnecessary treatment or surgery.
  • Severe oral infections.
  • Lasting nerve damage to lips, tongue, jaw, or face.

When to Consult a Lawyer About Dental Malpractice

There are steps to take with your case if you think you have been the victim of dental malpractice. Because dental malpractice is a complicated issue, you may want to discuss your case with an attorney experienced in malpractice law to be sure your rights are protected. Additionally, as you may only have a limited time to file a lawsuit, time may be of the essence.