Can you sue the dentist?

Medical Malpractice - December 13, 2024 by Horwitz, Horwitz & Associates

Yes, you can sue a dentist if their negligence caused you harm. To have a valid case, your Chicago medical malpractice lawyer must prove the following:

  1. A dentist-patient relationship existed – You must show that you were under the dentist’s care, establishing their duty to provide appropriate treatment.
  2. The dentist was negligent – Negligence involves proving that the dentist’s actions—or failure to act—fell below the accepted standard of care. This may include errors during procedures, failure to diagnose, or inadequate post-treatment care.
  3. Negligence caused harm – You must demonstrate that the dentist’s negligence directly caused your injury or worsened your condition.
  4. You suffered damages – To sue for dental malpractice, you must show that the injury resulted in damages, such as medical expenses, lost wages, or pain and suffering.

can you sue the dentist

What is dental malpractice?

Dental malpractice occurs when a dentist, oral surgeon, or other dental professional fails to meet the standard of care, harming the patient. The standard of care refers to the level of competence that a reasonably skilled professional in the same field would provide under similar circumstances.

Dental malpractice may involve:

  • Misdiagnosis or delayed diagnosis: Failing to identify oral diseases or conditions.
  • Errors during procedures: Causing nerve damage, infections, or unnecessary tooth loss.
  • Anesthesia complications: Incorrect dosage or failure to monitor the patient.
  • Inadequate sterilization: Leading to infections or cross-contamination.
  • Improper use of dental tools: Causing injuries to the gums, tongue, or other areas of the mouth.

Common injuries caused by dental malpractice

Some injuries and conditions commonly linked to dental malpractice include:

  • Nerve damage: Errors during procedures like tooth extractions or root canals can damage facial nerves, leading to numbness, tingling, or chronic pain.
  • Infections: Improper sterilization or failure to address post-procedure complications can cause severe infections.
  • Tooth loss: Extracting the wrong tooth or unnecessary extractions can lead to functional and aesthetic issues.
  • Anesthesia errors: Over-sedation or failure to monitor a patient under anesthesia can result in serious complications.
  • Jaw injuries: Poorly performed oral surgeries can cause fractures, misalignments, or temporomandibular joint (TMJ) disorders.

What compensation can you seek in a dental malpractice case?

Victims of dental malpractice may be entitled to compensation for:

  • Medical expenses: Covering corrective procedures, medications, and ongoing care.
  • Lost wages: Reimbursement for income lost during recovery or due to long-term impairments.
  • Pain and suffering: Compensation for physical pain, emotional distress, and reduced quality of life.
  • Future care costs: Covering long-term treatment or therapy to address the injury.

How to file a dental malpractice lawsuit in Illinois

If you believe you have a dental malpractice case, here are the steps to take:

  1. Document your injury – Keep records of all related medical and dental treatments, as well as any symptoms or complications you’ve experienced. Photographs and written descriptions of your injuries can also strengthen your case.
  2. Request your dental records – Obtain your dental records, which detail the treatment you received and any communication with your dentist. These records are crucial for identifying errors or negligence.
  3. Consult a dental expert – In Illinois, dental malpractice cases require a certificate of merit signed by a qualified dental professional. This certificate states that there is a reasonable basis for your claim.
  4. File your lawsuit within the statute of limitations – In Illinois, you typically have two years from the date of injury or discovery of the injury to file a dental malpractice claim (735 ILCS 5/13-212). Exceptions may apply in certain circumstances, so it’s essential to consult an attorney promptly.
  5. Work with an experienced attorney – A skilled attorney can gather evidence, secure expert testimony, and negotiate with insurance companies or opposing counsel on your behalf. At Horwitz, Horwitz & Associates, we build strong cases for our clients and fight for fair compensation.

Why choose Horwitz, Horwitz & Associates?

Dental malpractice cases require a deep understanding of medical standards and legal processes. With over a century of experience, Horwitz, Horwitz & Associates has a proven track record of advocating for injured patients in Illinois. We work tirelessly to:

  • Investigate the circumstances of your injury.
  • Collaborate with dental experts to evaluate your case.
  • Pursue maximum compensation for your damages.

Think you may have experienced dental malpractice? Call us.

Dental malpractice can have lasting physical and emotional consequences. If you’ve been harmed due to a dentist’s negligence, you have the right to seek compensation and hold the responsible party accountable. Understanding the answer to “Can you sue the dentist?” starts with knowing your rights and taking the necessary legal steps.

At Horwitz, Horwitz & Associates, we’re here to help. Contact us today at (800) 985-1819 to schedule a free consultation. Let us fight for the justice and compensation you deserve.