When you get dental care, you have the fair and reasonable expectation that you will be treated well. Unfortunately, that does not always happen. Substandard dental care is a serious problem. In fact, approximately one in seven medical malpractice claims are based on dental malpractice (Center for Health Journalism). You have the right to bring a medical malpractice claim against a negligence dentist or dental office. Within this article, our Georgia medical malpractice attorney provides a detailed guide to dental malpractice claims in Georgia.
What is Dental Malpractice?
Dentists are trained, licensed medical professionals. The practice in our state is regulated by the Georgia Board of Dentistry. Every person who seeks care from a dentist has the right to receive high quality support. Broadly speaking, dental negligence happens when a dentist or dental hygienist fails to follow the standard of care expected in their profession. Negligence becomes malpractice when it leads to harm/injury to a patient.
Most Common Examples of Dental Malpractice in Georgia
One of the reasons why dental malpractice can be hard to understand is that it can take many different forms. There is not one type of medical malpractice in dental related claims. Every case requires a thorough investigation. Common examples of dental malpractice in Georgia include:
- Diagnostic Errors: Diagnostic errors are a big issue. A dentist in Georgia may either misdiagnose a problem or outright fail to diagnose a dental condition. Unfortunately, this can lead to a delay in much needed treatment. Lack of care can allow a bad dental condition to worsen and could even result in tooth loss, infection, or life-threatening complications.
- Improper Use of Dental Equipment: The misuse of dental tools can cause terrible injury to a patient—from cuts to the gums to damage to teeth to harm to the underlying nerve. For example, overly aggressive use of scaling tools can cause gum recession or damage to the tooth enamel. Dentists must provide proper treatment.
- Unnecessary Treatment: A dentist recommending and performing unnecessary dental procedures breaches ethical standards. It also exposes patients to undue risk. Some specific examples of unneeded care include placing fillings, performing root canals, or extracting teeth that are actually healthy.
- Faulty Dental Work: Poorly executed dental work, such as the installation of crowns or bridges that do not fit properly, can cause pain, infection, and the need for additional corrective procedures.
- Infections: Dental procedures require strict adherence to sterilization and infection control protocols to prevent infections. Failure to properly sterilize equipment or maintain a clean clinical environment can lead to serious infections.
Know the Standard of Liability for Dental Malpractice in Georgia
It is crucial that patients understand the standard of liability for dental malpractice in Georgia. Here is a key point: A poor outcome is not automatically dental malpractice. There are some specific things that you must prove in a claim to hold a dentist or dental practice legally responsible:
- Dentist-Patient Relationship: To establish liability in a dental malpractice case, there must be a dentist-patient relationship. It is a requirement of any malpractice claim. The relationship is typically formed when a dentist examines or treats a patient.
- Substandard Dental Care: You must prove that a dental professional was negligent. In any malpractice claim, liability requires establishing that the care provided fell below the accepted standard of practice in the dental community.
- Actual Harm to the Patient: Finally, a patient must prove that they suffered actual physical harm because of the substandard care that they received from the dentist. Without damages, there is no viable malpractice claim in Georgia.
A Two-Year Statute of Limitations for Medical Malpractice Cases in Georgia
You have a limited amount of time to bring a medical malpractice claim. Under Georgia law (Georgia Code § 9-3-71), there is a two-year statute of limitations for medical malpractice cases, including dental malpractice claims. The clock starts running on the date that the dental patient was harmed or the date that they reasonably should have discovered that they were harmed. There is also a five year statute of repose. Any dental malpractice lawsuit in Georgia must be initiated within five years of the date care was provided—regardless of when the harm was discovered by the patient. Do not fall behind the dental malpractice insurance company: Consult with an Atlanta attorney right away.
Dental Malpractice Victims Deserve the Maximum Compensation
Were you the victim of dental malpractice in Atlanta, Augusta, or elsewhere in Georgia? You have the right to seek compensation for the full extent of your damages, including your non-economic losses. However, it is very important to understand that dental malpractice claims are generally defended by medical malpractice insurance companies. These insurers are aggressive. They want to pay out as little as possible—even if liability is not in dispute. Our Georgia dental malpractice lawyers help patients fight for the maximum financial compensation, including for:
- Emergency medical care;
- Other health care costs;
- Additional dental bills;
- Rehabilitative treatment;
- Loss of wages;
- Loss of future earning power;
- Pain and suffering;
- Mental distress;
- Scarring/disfigurement; and
- Wrongful death.
You Need a Top-Tier Georgia Dental Malpractice Lawyer
Dental malpractice claims are complicated. You cannot rely on a dental practice—or its insurance company—to look out for your best interests. At Lourie, Chance, Forlines, Carter & King, PC, we are experienced trial lawyers who are trustworthy, reliable, and compassionate. Our proven record of verdicts and settlements tell the story best. We have recovered many tens of millions of dollars on behalf of our clients, including in medical malpractice cases. Initial consultations with our Atlanta dental malpractice lawyers are free, no obligation, and strictly confidential.
Speak to Our Georgia Medical Malpractice Attorney for Immediate Help
At Lourie, Chance, Forlines, Carter & King, PC, our Georgia medical malpractice lawyers are tireless, experienced advocates for patients. If you or your loved one was the victim of dental malpractice, please do not hesitate to contact us today for a no cost, no commitment case review. With offices in Atlanta and Augusta, our firm handles dental malpractice cases throughout all of Georgia, including in Macon, Savannah, Athens, Sandy Springs. Roswell, Alpharetta, Marietta, and Valdosta.