Can I Sue My Dentist?

If you can build a strong case showing that your dentist failed to live up to their responsibilities as a medical provider, then yes, you can sue your dentist for whatever damage their negligence inflicted on your life and health.

A Tacoma dental malpractice lawyer can help you by quickly evaluating the merits of your case and then compiling evidence to prove your need for compensation.

Why You Might Want to Sue Your Dentist

Filing a dental malpractice lawsuit against your dentist might be a viable option if they have caused you harm through some preventable, negligent act. This generally means that they have provided substandard care, such as:

• Performing a dental procedure incorrectly
• Providing an unnecessary or irrelevant procedure
• Misdiagnosing your condition
• Giving you the wrong drug or the wrong dosage
• Dismissing your concerns out of hand
• Failing to warn you about the dangers or contraindications of a particular treatment
• Failing to assess your medical history and, as a result, providing a treatment that interacts negatively with your other treatments or conditions
• Applying a treatment to the wrong tooth or area of your mouth

Suing Professionals Other Than Your Dentist

Dentists are not the only medical providers who specialize in the health of your mouth. You might also rely on dental hygienists, orthodontists, oral surgeons, or anesthetists for care at various points in your life.

These other dental professionals have the same duty of care toward patients as your dentist does. You, therefore, have the right to file a medical malpractice lawsuit against them if they do something wrong.

What You Can Sue Your Dentist For

You could be entitled to collect compensation for everything you lost because of the malpractice. This includes financial as well as physical and mental distress. Common examples of dental malpractice damages include the following:

• Medical bills: Having to find a second dentist to treat you for the harm done by the first one is not just time-consuming; it takes more money out of your pocket.
• Lost wages: You might have to take time off from your job while you heal from your injuries or seek further treatment. If your injury is very serious, you might have to continue taking time off in the future, leading to further loss of income.
• Pain and suffering: Malpractice injuries often cause a great deal of distress and inconvenience. Your physical and psychological symptoms may affect all aspects of your life on either a short- or long-term basis.
• Impaired quality of life: Pain or numbness in your mouth can make it hard for you to communicate clearly with others, enjoy your favorite foods, or concentrate on other activities.

How to Get Compensation for Dental Malpractice Damages

For your dental malpractice claim to succeed, you have to provide ample evidence to your dentist’s insurance company. Such evidence might include:

• Expert witness testimony
• Witness testimony (e.g., from loved ones)
• Your medical records
• The dentist’s records, including any prior complaints

Do Dental Malpractice Cases Go to Court?

Some do. However, that does not mean yours will. Many malpractice cases settle out of court, as this is cheaper and faster for both parties.

Even if your case does go to trial, you do not have to appear in the courtroom alone. A dental malpractice attorney can speak for you and even help you decide whether or not you want to testify in person.

When You Can Sue Your Dentist

If you think you might have grounds for legal action, you will want to start exploring your options as quickly as possible. There are three main reasons for this:

Your State’s Malpractice Statute of Limitations

Each state is allowed to set its own laws regarding how long after an injury the victim is allowed to file a lawsuit. These laws can be especially complex when it comes to medical malpractice cases. In Washington State, for instance:

• The malpractice statute is found at RCW § 4.16.350, separate from the main personal injury statute.
• If you know right away that malpractice has occurred, you have three years from the incident date to file your case.
• If you did not discover the malpractice until later, you may have up to one year from the discovery date to file your case.

Evidence Against Your Dentist

Some of the evidence required to build a dental malpractice case tends not to hold up well over time. For instance, certain documents may be destroyed or become harder to find, while witness recollections may grow fuzzier and less convincing as memories fade.

You Need Malpractice Compensation Now

The damage has already been done, and you and your family are suffering now. You do not want to have to wait any longer than necessary for the compensation that would make it easier for you to afford what you need and provide for your loved ones.

When You Cannot Sue Your Dentist

While you can, generally speaking, sue your dentist for malpractice, this right only applies to those who sustained noticeable damage after a negligent act. Patients cannot sue their dentist if:

• They experienced a bad outcome even though the dentist took all reasonable precautions to protect them.
• There is no evidence showing that the dentist was negligent or that their actions differed from what any other reasonable professional would have done.
• Something went wrong during a procedure despite the dentist’s best efforts, and the dentist took swift action to correct the problem.
• The dentist was negligent, but you did not suffer any harmful effects.

Should You Sue Your Dentist?

That is a question for you, your loved ones, and the law office of your choice to figure out together. While your attorney can tell you about your case’s merits and explain the legal process, only you and your family can decide if taking legal action is right for you.

We Can Help You Sue Your Dentist

You trust the medical professionals in your life to provide the standard of care you need when you need it. If your dentist breaks your trust by providing subpar treatment, you can sue them for damages, and our team can help you do so. 

Call today to find out why Jackman Law Firm is a firm you can trust.