Helpful Tips for a Manhattan Dental Malpractice case
To prove dental malpractice, the dentist, orthodontist, or nurse must have “departed” from the accepted standards of medical care. For malpractice, the mistake must be of such a kind that other doctors with the same medical training would find the medical care unacceptable.
Also necessary to prove dental malpractice is showing that the “departure” of medical care was a “substantial factor” in causing injury to the patient. Not all mistakes by dentists and orthodontists cause injury to the patient; however, if a doctor fails to properly treat a patient and this departure results in an injury to the patient, then the doctor will be liable for malpractice. Sometimes the injury will occur because the dentist hired assistants who are not properly trained or licensed. It is important to make sure you and your children going for treatment are receiving the treatment by the dentist and not the assistants for anything significant. Dental assistants and dental hygienists should not be filling cavities. A minor injury will usually not warrant bringing a lawsuit.
A dentist needs to be hired to review the medical records and testify at trial. If the injuries are not severe enough, the costs of the litigation may outweigh the potential recovery. An experienced dental malpractice attorney can properly advise you so you do not begin a lawsuit with little chance of recovery.
A separate cause of action also exists pursuant to the NYS Public Health Law for “lack of informed consent.” If a dentist fails to properly advise a patient concerning the risks and alternatives of an elective medical procedure, then the dentist may have violated the informed consent law.
Many cases of dental malpractice involve periodontal disease, or gum disease, that is not timely diagnosed or properly treated. Other frequent dental malpractice cases involve nerve damage caused during a procedure. However, this list is by no means exhaustive of the possible types of dental malpractice. Strict time limitations exist to commence a suit for dental malpractice. In New York State, the time to commence a dental malpractice action may depend upon who is injured, who the potential defendant is, as well as the enactment of new laws and judicial decisions interpreting the law. Computing the time limitations is not a simple matter and a person should promptly consult an experienced New York Dental malpractice attorney once he or she suspects wrongdoing.