When you visit a dentist, you trust them with your oral health, which is a crucial aspect of your overall well-being. Like any medical professional, a dentist is required to provide a standard of care that is in line with what other reasonable professionals in the same field would provide under similar circumstances. In Maryland, there is a legal recourse for when that trust is broken: talk to a medical malpractice lawyer in Baltimore, MD right away to learn more that will be specifically applicable to your case.

What Constitutes Dental Malpractice?

Dental malpractice occurs when a dental professional fails to perform their medical duties competently and that incompetence results in harm to the patient. Just as you can sue a doctor for medical malpractice, you can sue a dentist if their conduct falls below the accepted standard of dental care and causes damage.

It is important to understand that not every unfavorable outcome from a dental visit qualifies as malpractice. To establish dental malpractice, you must prove four essential elements:

• The existence of a dentist-patient relationship, which establishes a duty of care
• A breach of the standard of care that is expected from a reasonably competent dentist under similar circumstances
• A causal link between the breach of the standard of care and the harm you suffered
• Tangible harm or injury that has resulted from this breach, which can be quantified in terms of additional medical bills, lost wages, pain, and suffering, or other damages

Common Types of Dental Malpractice

There are several types of common dental malpractice claims, though these are just representative: 

• Failure to diagnose or misdiagnosis of an oral disease or condition
• Unnecessary or incorrect dental procedures
• Complications from negligently performed procedures such as root canals or extractions
• Improper use of dental instruments or failure to maintain hygienic conditions, leading to infections or other complications
• Lack of informed consent, where the dentist fails to inform you about the potential risks and alternatives associated with a particular dental procedure

Proving Your Dental Malpractice Case

To successfully sue a dentist for malpractice in Maryland, you need to present a strong case that demonstrates negligence. This usually involves obtaining and presenting dental records, expert testimony, and other evidence to show that your dentist’s actions were not in line with the standard of care.

Expert testimony is particularly crucial in dental malpractice cases. Your lawyer must consult with dental experts who can speak to what a competent dentist would have done under similar circumstances. This expert will also help to demonstrate how the dentist’s deviation from the standard of care caused your injuries. Click here to learn more about what your medical malpractice lawyer in Baltimore, MD will do to prove your case.

Informed Consent

Before proceeding with any treatment, a dentist is required to provide you with all the relevant information about the procedure, the risks involved, alternatives, and the potential outcomes. If a dentist performs a procedure without obtaining informed consent, and you suffer harm as a result, this may be grounds for a malpractice claim.

Statute of Limitations

Generally, you have three years from the date of the injury, or within three years from the date when the injury was discovered, to file a claim in Maryland. However, there are exceptions to these rules, which is why consulting a malpractice attorney as soon as you suspect malpractice is essential.

Filing a Dental Malpractice Lawsuit

The process begins with the filing of a complaint, which is a formal statement of your claim against the dentist. This document lays out the details of your case, including the alleged negligence and the damages you are seeking. Once filed, the dentist and their legal team will have the opportunity to respond.

Negotiations and Settlements

Many dental malpractice cases are settled out of court, and these settlements can reduce the time, cost, and unpredictability associated with a trial. Your lawyer will negotiate with the opposing party to reach a fair settlement, always with your best interests in mind. If a settlement is not possible, they will prepare to present your case at trial.

Going to Trial

If your case goes to trial, evidence will be presented to a judge or jury. The goal is to clearly demonstrate how the dentist’s actions or lack thereof deviated from the standard of care and resulted in your injuries.

Compensation in Dental Malpractice Cases

If your case is successful, the compensation you may receive can cover a range of damages, including:

• Medical expenses incurred due to the malpractice
• Future medical costs for treatment related to the injury
• Pain and suffering
• Lost wages if the injury caused you to miss work
• Loss of earning capacity if the injury affects your ability to work in the future

It’s important to note that Maryland has a cap on non-economic damages, such as pain and suffering, in malpractice cases.

Choosing the Right Medical Malpractice Lawyer in Baltimore, MD

When seeking legal representation for a dental malpractice claim, it’s essential to choose an attorney with experience in this field. Dental malpractice cases can be complex and require an understanding of both legal and dental issues. Most people who attempt a malpractice case without an attorney do not have good results, so be sure to find a qualified and experienced local attorney to ensure your rights are protected.