Suffering from Florida Dental Injuries?

When people go to the dentist, they normally believe that they will receive attentive and high-quality treatment. Unfortunately, dental malpractice is a common problem. According to information from the National Practitioner Data Bank, approximately 15% of all medical malpractice claims that are filed in the U.S. each year involve allegations of dental malpractice. When dental malpractice occurs, people can suffer serious injuries. If you have been injured because of the malpractice of a dentist or dental assistant, you should talk to an experienced Florida dental malpractice lawyer at Lane Glassman. Dr. Stanley W. Lane is a dentist, maxillofacial surgeon, and attorney with more than 20 years of experience helping people who have been injured because of dental negligence.

What is dental malpractice?

Dental malpractice happens when a dentist or dental assistant provides treatment that does not meet the accepted standard of care, resulting in serious injuries. Dental malpractice is a type of negligence. All dentists are expected to provide treatment that meets or exceeds the standard of care in their specialties. This means that the treatment that they provide must be the type of treatment that another dentist with the same qualifications would be expected to reasonably provide. There are many different types of dental malpractice.

Some of the common types of dental negligence include the following:

• Improper placement of dental implants causing nerve damage
• Failing to detect oral cancer, disease or a tumor by failing to perform a thorough oral exam
• Anesthesia/Sedation injuries and deaths
• Lingual nerve injury related to wisdom tooth extraction
• Inferior alveolar nerve injury related to tooth extraction
• Inferior alveolar nerve injury related to overfill of root canal
• Failed orthognathic surgery
• Osteoradionecrosis following tooth extractions from an irradiated jaw

• Failing to provide patients with information about their treatment options and the risks and benefits of each option
• Cutting the lingual nerve during a tooth extraction procedure
• Removing the wrong teeth
• Failing to provide a referral to a specialist
• Damaging the jaw bone, oral cavity, or surrounding tissue and bones
• Failing to administer antibiotics before dental surgery
• Damaging nerves and causing infections with faulty crowns, root canals, dental bridges, or implants
• Perforating the sinus cavity during dental procedures
• Treatment by unlicensed dentists

Dental malpractice can result in serious injuries or death. Dentists and dental assistants who are responsible for causing serious injuries or fatalities because of dental negligence should be held accountable for their actions.

Common types of Florida dental injuries from malpractice

Dental malpractice can cause many serious injuries, including the following types:

• Sepsis
• Infections of the tongue, mouth, and brain
• Permanent nerve damage to the nerve that leads to the tongue or the nerve that leads to the lips, jaw, chin, and face
• Cardiac arrest
• Stroke
• Uncontrolled bleeding
• Undetected oral cancer
• Permanent brain injuries from infections
• Jaw and facial fractures
• Other serious injuries
• Death

These types of catastrophic injuries often cause significant economic and noneconomic losses to the victims. People may face mounting medical and other out-of-pocket expenses and be unable to return to their jobs because of their injuries. They may be disfigured and have a reduced ability to enjoy life. Because of the substantial losses that people can suffer because of dental negligence, the law in Florida recognizes the right to file a dental malpractice lawsuit to recover damages.

Damages in a Florida dental malpractice lawsuit

The amount of compensation that might be recoverable will depend on the severity and extensiveness of the injuries and other factors. Plaintiffs may recover economic and noneconomic damages. Economic damages are meant to compensate people for their pecuniary losses while noneconomic damages are meant to compensate victims for their noneconomic losses. Some of the types of damages that may be available include the following:

• Past and future medical expenses
• Past and future lost wages
• Property losses
• Physical pain and suffering
• Reductions in the quality of life
• Disfigurement
• Loss of consortium and guidance
• Funeral and burial costs in wrongful death cases

The third type of damages called punitive damages is not meant to compensate the victim. Instead, punitive damages are meant to punish the defendant and to deter them from engaging in similar conduct in the future. Punitive damages are generally only available in particularly outrageous cases.

Before 2017, Florida had a cap on noneconomic damages of $500,000. However, the Florida Supreme Court held that caps on damages in medical malpractice claims are unconstitutional in North Broward Hosp. Dist. v. Kalitan. This decision means that there are no longer any caps on recoverable noneconomic damages in dental malpractice claims in the state.

Get help from the experienced dental malpractice attorneys at Lane Glassman

If you have suffered serious injuries or have lost a loved one because of dental malpractice, you should consult with an experienced Florida dental injuries attorney at Lane Glassman. Our attorneys work on a contingency fee basis, which means that you will not have to pay attorney’s fees unless we successfully resolve your case through a settlement or verdict. Led by Dr. Lane, we combine a deep understanding of dental medicine and the law to more effectively represent our clients. Contact us today to schedule a free and confidential consultation by calling (800)-343-0244 or by filling out our online contact form.