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A Dentist IS a doctor. There is no way around this. So ... in order to bring a claim based on their negligent treatment of a patient, dental malpractice must be proven. That means that you must show that the treatment that a dentist rendered to you was below the "standard of care." - (Under Florida law this means that the dentist treatment must be within the same degree of care, skill and treatment that a reasonably prudent dentist under the same or similar circumstances) This can mean several things including but limited to:
The Dentist performed treatment on you without your consent;
The Dentist failed to properly diagnose your condition;
The Dentist failed to properly treat your dental condition;
The Dentist failed to properly document your treatment;
The Dentist failed to provide you with all the risks and ramification before obtaining your consent for treatment;
The Dentist failed to prescribe or check that you took prophylactic medications (Ex: antibiotics for a heart murmur) before starting treatment;
The Dentist improperly performed a dental procedure (Ex: perforating a root when placing a post);
The Dentist did unnecessary treatment or procedure that the patient did not require;
LET ME BE CLEAR. Just because something goes wrong, does not necessarily mean that you have a dental malpractice claim. A Dentist does not have to guarantee treatment, and if they are guaranteeing you the result/procedure be weary. There are three things that you have to prove to be successful in a dental malpractice suit:
The Dentist's treatment was below the standard of care.
The Dentists negligent treatment caused your injury;
You suffered some type of damage because of the injury.
If you believe that you may have a case against a Dentist for Dental Malpractice, please call us for a free consultation. We will be more than happy to discuss with you, your treatment, injuries and damages.