Are You In Pain After A Dental Procedure? Talk To An Experienced New York Dental Malpractice Lawyer Today
Dentists and oral surgeons are required by law to adhere to applicable standards of care – just like doctors practicing in primary care and all specialties. In relatively rare cases, a mistake by one of these professionals results in the patient suffering severe injury, disfigurement, pain, complications or all of these adverse outcomes.
Our Firm Achieved Historic Results In A Prior Case Of Dental Malpractice
Our firm in White Plains, New York, is a proven resource for victims of serious medical malpractice and dental malpractice. In fact, our principal attorney, Christopher B. Meagher, obtained a verdict in 2012 that was then the largest ever awarded by a New York jury in a dental malpractice case.
You can count on clear legal guidance when you turn to Meagher & Meagher regarding suspected dental malpractice that led to lingual nerve damage or facial nerve damage. You may also have a valid claim if a “botched” root canal or another dental procedure caused you to need further corrective surgery or extensive, additional dental work.
In addition to the knowledge gained through real-world negotiating and trial experience, we have highly qualified expert resources we can call upon to help us assess your potential claim against a dentist. We build all serious injury cases for a possible trial, and Christopher Meagher is known for presenting compelling evidence and telling our clients’ stories in ways that convey their true hardship to judges and juries.
Common Questions We See Around Dental Malpractice Issues
Here are a few of the most common things people ask us when they have a dental malpractice issue:
- How do I sue a dentist in New York?
- What is the statute of limitations on dental malpractice in New York?
- What is the most common reason a dentist will have a malpractice lawsuit brought against them?
- What are the four D’s that must be present for a malpractice suit against a dentist to be successful?
- Which element of malpractice is hardest to prove?
How do I sue a dentist in New York?
The claims process begins when you file a document called a summons with the court of your jurisdiction. You can obtain these forms in person or online; you also have the option of filing them online. Once the defendant has been served, you have the option of pretrial negotiations to arrive at a settlement. If not, the lawsuit may proceed to trial.
What is the statute of limitations on dental malpractice in New York?
In New York state, you have two years and six months from the date of the malpractice incident to file a lawsuit. If you do not, you forfeit the right to file a dental malpractice claim.
What is the most common reason a dentist will have a malpractice lawsuit brought against them?
There is a vast spectrum of causes for dental malpractice cases. Some of the most common include:
- Extractions
- Anesthesia or drug complications
- Crowns
- Bridges
- Implants
- Endodontics
Some claims involve more than one of these problems.
What are the four D’s that must be present for a malpractice suit against a dentist to be successful?
A successful malpractice claim is said to have four D’s. They are:
- Duty of care
- Dereliction of duty
- Direct causation
- Damages
If you can prove that your claim has all these elements, you may have an actionable claim.
Which element of malpractice is hardest to prove?
Of the four D’s, the most challenging to demonstrate is causation. Not all poor results in dentistry are the result of malpractice. Proving conclusively that a dentist’s deviation from the standard of care caused your adverse result is immensely difficult. It takes extensive scrutiny of your records, interviewing witnesses and collaborating with forensic experts.
Call 914-246-2958 For Dedicated, Trustworthy Legal Counsel
To tell us what happened to make you look for a dental malpractice attorney, please call or email our firm today. We welcome client inquiries and referrals from other lawyers in Westchester County, New York City and elsewhere in the state of New York.