What is Dental Malpractice?
Dental Malpractice refers to medical malpractice, an injury resulting from negligent dental work, failure to diagnose or treat a hazardous condition, delayed diagnosis or treatment of oral disease, or any intentional misconduct on the part of the dentist or other dental practitioner. Our attorneys can help you understand how a dental malpractice claim works and can explain your legal options.
Much like medical malpractice claims, there are 4 things you have to prove:
- Duty – The dental provider responsible has a duty to comply with the standard of care when treating patients.
- Breach – If the dental provider responsible fails in his/her duty to provide you with the specific care in line with the local standard of competent care, he/she has breached his/her duty.
- Causation – The responsible dental care provider’s breach of duty caused your injury or harm.
- Damages – You have suffered injuries and/or harm as a direct result of the breach.
Most dental malpractice claims generally involve injuries to the mouth or jaw, but sometimes other errors such as anesthesia or medication can affect other areas of the body. Injuries sustained from a dental malpractice claim can be painful and require other medical treatment or surgery. Some common dental malpractice cases include but are not limited to:
- improper extraction of teeth
- failure to diagnose various conditions (e.g., TMJ, oral cancer)
- failure to properly treat complications of care (e.g., infection)
- failure to properly supervise or oversee actions of employees (e.g., hygienists)
- wrongfully administered anesthesia
- failure to refer to a specialist
What do you do if you have suffered from dental malpractice in Colorado?
If you believe you have a dental malpractice claim, it is important to speak with an experienced attorney as soon as possible. Dental malpractice claims must be filed within a specific time frame. Call or fill out our form below and we will be in touch shortly. Our attorneys offer an initial complimentary consultation to help explain your options.