Dental Malpractice Lawyer

Dentists are held to a standard of care that is measured by what another dentist of reasonable competence, under similar circumstances, would have done or not done in performing a certain procedure. If a particular dentist breaches or deviates from that standard of care, then he or she may be liable for dental malpractice. Contact us today for a FREE consultation. You Pay Nothing Unless You Win. 

At Sakkas, Cahn & Weiss, LLP, we understand the complexities of dental malpractice cases and are committed to representing individuals who have been wronged by dental professionals. With a track record of success and a team of experienced personal injury attorneys, we strive to provide our clients with the legal expertise and support they need during challenging times.

What Constitutes Dental Malpractice in New York?

Dental malpractice occurs when a dental professional fails to provide the standard of care expected, resulting in harm or injury to the patient. In New York, dental malpractice can encompass a variety of negligent actions or omissions by dentists, oral surgeons, orthodontists, or other dental care providers. Here are some key elements that constitute dental malpractice:

Failure to Diagnose or Treat Oral Conditions

One of the most common forms of dental malpractice is the failure to diagnose or properly treat oral conditions such as infections, gum disease, or oral cancer. Delayed or incorrect diagnosis can lead to severe health complications and require more extensive treatment than if addressed promptly.

Improper Treatment or Surgical Errors

Improper treatment, including unnecessary procedures, incorrect extractions, or surgical errors, can cause significant harm. This includes damaging surrounding teeth, nerves, or other oral structures. Mistakes during dental surgery, such as the improper administration of anesthesia or failure to adhere to surgical protocols, are also considered malpractice.

Lack of Informed Consent

Before performing any dental procedure, practitioners are required to inform patients of the risks, benefits, and alternatives. Failure to obtain informed consent can constitute malpractice, especially if the patient suffers harm from a procedure they were not adequately informed about.

Poor Hygiene and Infection Control

Dental offices must adhere to strict hygiene and infection control standards. Failure to maintain a sterile environment can lead to infections and other complications. Reusing contaminated tools, not properly sterilizing equipment, or neglecting basic hygiene practices are clear violations.

Misdiagnosis

Misdiagnosing a dental issue can lead to inappropriate treatments that cause further harm. For instance, misdiagnosing a cavity or abscess can result in unnecessary procedures or the worsening of the actual condition.

Medication Errors

Errors in prescribing or administering medication, such as giving the wrong drug or incorrect dosage, can have serious health consequences. This includes over-prescribing pain medications or failing to account for patient allergies or existing conditions.

Unlicensed Practice

Providing dental care without the proper licensing or credentials is illegal and constitutes malpractice. Patients should verify that their dental professionals are licensed and certified to practice in New York.

Negligent Supervision

In dental practices where multiple staff members are involved in patient care, negligent supervision can lead to errors. Dentists and oral surgeons must adequately supervise assistants, hygienists, and other staff to ensure patient safety.

If you believe you have been a victim of dental malpractice, it is crucial to seek legal counsel from experienced dental malpractice lawyers like those at Sakkas, Cahn & Weiss LLP. We are dedicated to protecting your rights and securing the compensation you deserve for your suffering and losses. Contact us today for a consultation to discuss your case.

How an NYC Dental Malpractice Lawyer Can Help

At Sakkas, Cahn & Weiss LLP, we understand the pain and frustration that comes with experiencing dental malpractice. Our dedicated team of NYC dental malpractice lawyers is here to guide you through the legal process and ensure you receive the justice and compensation you deserve. Here’s how we can help:

Expert Legal Advice and Guidance

Navigating the complexities of dental malpractice cases requires specialized knowledge and experience. Our NYC medical malpractice attorneys have a deep understanding of New York dental malpractice laws and will provide you with expert legal advice tailored to your specific situation. We will help you understand your rights, the strengths of your case, and the best course of action to take.

Thorough Case Investigation

Building a strong dental malpractice case starts with a thorough investigation. Our team will meticulously review your dental records, consult with medical experts, and gather all necessary evidence to support your claim. We will work diligently to uncover any negligence or wrongdoing by the dental professional involved.

Comprehensive Case Preparation

Preparation is key to success in any legal case. We will prepare a compelling case on your behalf, including detailed documentation of your injuries, medical expenses, lost wages, and any other damages you have suffered. Our goal is to present a strong and convincing case that clearly demonstrates the impact of the malpractice on your life.

Skilled Negotiation

Many dental malpractice cases are resolved through negotiations before reaching trial. Our experienced personal injury attorneys are skilled negotiators who will work tirelessly to secure a fair settlement that covers all your losses. We will negotiate with insurance companies and opposing counsel to ensure you receive the compensation you deserve.

Aggressive Representation in Court

If a fair settlement cannot be reached, we are fully prepared to take your case to court. Our dental injury attorneys are seasoned litigators who will aggressively advocate for your rights in front of a judge and jury. We will present a compelling argument and fight for the maximum compensation possible.

Personalized and Compassionate Service

At Sakkas, Cahn & Weiss LLP, we treat every client with the respect and compassion they deserve. We understand the emotional toll dental malpractice can take, and we are here to provide you with personalized support throughout the entire legal process. You can count on us to be responsive to your needs and to keep you informed every step of the way.

No Fees Unless We Win

We believe that everyone deserves access to quality legal representation, regardless of their financial situation. That’s why we operate on a contingency fee basis – you pay no fees unless we win your case. This ensures that you can pursue justice without worrying about upfront legal costs.

If you or a loved one has been a victim of dental malpractice, don’t hesitate to reach out to us. Contact Sakkas, Cahn & Weiss LLP today for a free consultation to discuss your case and learn how we can help you achieve the justice and compensation you deserve.

Types of Compensation in Dental Malpractice Cases

In dental malpractice cases, victims may be entitled to various types of compensation to address the damages and suffering caused by negligent dental care. The compensation aims to restore the victim to the position they were in before the malpractice occurred, as much as possible. Here are the primary types of compensation you may be entitled to in a dental malpractice case:

Medical Expenses

Victims can recover the costs associated with the medical treatment required to address the injuries caused by dental malpractice. This includes:

• Costs for any medical treatments, surgeries, medications, and dental care you have already received
• Anticipated costs for ongoing or future medical treatments necessary due to the malpractice.

Lost Wages

If the dental malpractice has affected your ability to work, you may be entitled to compensation for lost income. This includes:

• Income you lost because you were unable to work due to the injuries.
• Potential future earnings lost if you are unable to return to work or if your earning capacity is diminished.\

Pain and Suffering

Dental malpractice can cause significant physical pain and emotional distress. Compensation for pain and suffering is intended to address:

• The actual physical pain endured due to the malpractice
• Psychological impact, including anxiety, depression, and emotional trauma resulting from the incident.

Loss of Enjoyment of Life

• Injuries from dental malpractice can affect your quality of life and ability to enjoy daily activities. Compensation may be awarded for:
• Activities and experiences you can no longer participate in or enjoy as a result of the malpractice.

Permanent Disability or Disfigurement

If the malpractice results in permanent disability or disfigurement, you may receive compensation for the long-term impact on your life, including:

• Physical limitations that prevent you from performing certain tasks or activities.
• Any lasting physical changes or scarring that affect your appearance.

Punitive Damages

In cases where the dental professional’s conduct was particularly egregious or reckless, punitive damages may be awarded. These are intended to punish the wrongdoer and deter similar conduct in the future.

Out-of-Pocket Expenses

Victims can also recover any additional out-of-pocket expenses incurred due to the malpractice, such as:

• Costs for travel to and from medical appointments
• Expenses for medical equipment or devices needed to aid recovery.

Contact Sakkas, Cahn & Weiss LLP for a Free Consultation

If you or a loved one has suffered due to dental malpractice, it’s crucial to seek experienced legal representation to ensure you receive the compensation you deserve. At Sakkas, Cahn & Weiss LLP, our dedicated team of NYC dental malpractice lawyers is here to help you navigate the legal process and fight for your rights. Contact us today for a free consultation to discuss your case and learn how we can assist you in achieving the justice and compensation you deserve.

Who Is Liable in a Dental Malpractice Lawsuit?

Determining liability in a dental malpractice lawsuit involves identifying who was responsible for the harm caused by the dental care. Liability can extend to several parties depending on the specifics of the case. Here are the primary entities that may be held liable in a dental malpractice lawsuit:

1. The Dentist

The dentist who performed the procedure or provided the treatment that led to the injury is often the primary party held liable in a dental malpractice lawsuit. Dentists are expected to provide care that meets the standard of practice in the dental profession. If a dentist’s actions or omissions fall below this standard and cause harm to the patient, they can be held responsible for malpractice.

2. Dental Hygienists and Assistants

Dental hygienists and assistants who play a role in patient care can also be liable if their negligence contributed to the injury. This can include:

• Failing to properly administer anesthesia or monitor the patient.
• Not following proper sterilization procedures, leading to infections.

3. Dental Practice or Clinic

The dental practice or clinic where the treatment was provided can be held liable under the principle of vicarious liability. This means the employer (the dental practice) can be responsible for the negligent actions of its employees if those actions were within the scope of their employment. Additionally, the practice may be directly liable for issues such as:

• Failing to ensure that staff members are properly trained and qualified.
• Poor Hiring Practices: Hiring unqualified or incompetent staff.

4. Manufacturers of Dental Products

In some cases, the liability may extend to the manufacturers of dental products or equipment used during the procedure. If a defective product or piece of equipment caused the injury, the manufacturer can be held accountable. Examples include:

• Defective implants that fail or cause harm to the patient.
• Equipment that malfunctions during a procedure, leading to injury.

5. Anesthesiologists

If the injury resulted from the administration of anesthesia, the anesthesiologist (if involved) can be held liable. This includes cases where improper dosage or monitoring of anesthesia led to complications or injuries.

6. Dental Laboratories

Dental laboratories that create dental prosthetics, such as crowns, bridges, and dentures, can be liable if their products are defective or improperly made, causing harm to the patient.

Seeking Legal Assistance

Identifying the liable parties in a dental malpractice case can be complex and requires thorough investigation. At Sakkas, Cahn & Weiss LLP, our experienced NYC dental malpractice lawyers are adept at uncovering all potential sources of liability to ensure you receive the full compensation you deserve. If you believe you have been a victim of dental malpractice, contact us for a free consultation to discuss your case and learn how we can help you achieve justice and hold the responsible parties accountable.

Dental Malpractice Case in NYC? Contact Sakkas, Cahn & Weiss

If you believe you have been a victim of dental malpractice in NYC, it is crucial to seek legal assistance from a skilled dental malpractice lawyer. At Sakkas, Cahn & Weiss LLP, our team of experienced attorneys specializes in handling complex medical malpractice cases, including those involving dental care.

When you contact us for a free consultation, we will listen to your story, assess the details of your case, and determine the best course of action to pursue justice on your behalf. Our dedicated legal team will fight tirelessly to hold the responsible parties accountable and secure the compensation you need to cover medical expenses, lost wages, pain and suffering, and other damages.

Don’t wait to seek legal help if you have been injured due to dental malpractice. Contact Sakkas, Cahn & Weiss LLP today to schedule your free consultation and take the first step towards obtaining the justice you deserve.

Dental Malpractice Lawyer FAQs

1. What is dental malpractice?

Dental malpractice occurs when a dentist or dental professional fails to provide the standard of care expected in their field, leading to harm or injury to the patient. This can include misdiagnosis, improper treatment, surgical errors, and more.

2. How do I know if I have a dental malpractice case?

If you have suffered an injury or complication due to dental treatment that you believe was caused by negligence or substandard care, you may have a dental malpractice case. Contact Sakkas, Cahn & Weiss LLP for a free consultation to evaluate your situation.

3. What types of injuries can result from dental malpractice?

Injuries from dental malpractice can include nerve damage, infections, improper dental work (such as poorly fitted crowns or bridges), complications from anesthesia, and more.

4. How long do I have to file a dental malpractice lawsuit in New York?

In New York, the statute of limitations for filing a dental malpractice lawsuit is typically 2.5 years from the date of the malpractice or from the end of continuous treatment provided by the dentist for the same condition. It is important to consult with an attorney as soon as possible to avoid missing this deadline.

5. Can I sue for pain and suffering in a dental malpractice case?

Yes, you can sue for pain and suffering as part of your dental malpractice claim. Compensation may cover physical pain, emotional distress, and loss of enjoyment of life caused by the malpractice.

6. What should I do if I suspect dental malpractice?

If you suspect dental malpractice, seek medical attention to address any immediate health concerns. Then, gather all relevant medical records and documentation related to your dental treatment and contact an experienced dental malpractice attorney at Sakkas, Cahn & Weiss LLP to discuss your case.

7. Who can be held liable in a dental malpractice case?

Liability in a dental malpractice case can extend to the dentist, dental hygienists, assistants, the dental practice or clinic, manufacturers of dental products, anesthesiologists, and dental laboratories involved in your care.

8. How can a dental malpractice lawyer help me?

A dental malpractice lawyer can help by investigating your case, identifying liable parties, gathering evidence, negotiating with insurance companies, and representing you in court to seek the compensation you deserve.

9. What types of compensation can I pursue in a dental malpractice case?

You can pursue compensation for medical expenses, lost wages, pain and suffering, emotional distress, and any additional costs related to your injury or treatment.

10. How much does it cost to hire a dental malpractice lawyer?

At Sakkas, Cahn & Weiss LLP, we offer free consultations and work on a contingency fee basis. This means you pay no upfront fees, and we only get paid if we successfully recover compensation for you.