West Palm Beach

Dental Malpractice Attorney

At DiBiaggio Law we are committed to the great people of West Palm Beach and becoming a voice for the voiceless

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West Palm Beach Dental Malpractice

Under Florida law, all medical professionals and healthcare providers including doctors, dentists, nurses, chiropractors, and hospitals must exercise the appropriate standard of care. When they fail to live up to those standards, leaving you with a debilitating injury and ongoing pain and suffering, it can severely impact your health and your overall quality of life. You’ve entrusted your dentist to provide the care you need, yet now you are dealing with serious medical issues, compounded by more medical bills, financial stress, and an inability to enjoy a fulfilling life. Our job is to help you establish the medical standard of care and take all the necessary steps before filing a lawsuit.

Common Injuries From Dental Malpractice

Dentists, oral surgeons, and orthodontists may be held liable for dental malpractice. If your dentist failed to adhere to the standard of care outlined under Florida law, you may have been a victim of dental malpractice. Some common injuries from dental malpractice include:

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Dental Malpractice Claims Basics

As healthcare professionals, dentists must treat a patient with the same amount of care, precision, and treatment the patient would expect and receive from a reasonably prudent dentist under the same or similar circumstances. Not all cases of dental errors meet the threshold for a dental malpractice claim. To be awarded compensation for damages, you must prove all the legal elements of a dental malpractice claim. For example, unless you were harmed or injured due to a dentist’s negligence or error, you do not have a viable claim for dental malpractice.

A dental malpractice claim requires you to prove:

  • The dentist’s treatment of you did not meet the standard of a reasonably prudent dentist under the same or similar circumstances;
  • The dentist’s failure to act reasonably caused your injury; and
  • You suffered damages as a result of the injury.

Dental Malpractice

Dental malpractice takes many forms. Below are some examples of common types of dental malpractice:

  • Delayed diagnosis or treatment
  • Failure to diagnose or treat oral conditions
  • Failure to keep accurate records of each patient, including any complaints from the patient
  • Failure to warn the patient of all the risks associated with a certain dental procedure
  • Improperly prescribing medications for a patient
  • Inappropriately touching a patient
  • Mishandling anesthesia or other medications
  • Negligently performing dental procedures
  • Performing dental procedures for which the dentist is not licensed or qualified
  • Performing dental procedures for which the patient did not consent
  • Performing dental procedures on the wrong tooth 
  • Performing unnecessary dental procedures on the patient