Columbus, Ohio Dental Malpractice Lawyers | Kisling, Nestico & Redick
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36% of Americans have a fear of dental procedures. Even without dentophobia, however, you likely agree a trip to the dentist isn’t the most exciting way to spend time. Still, most of us recognize the importance of oral health and trust dentists to provide quality care.

Unfortunately, a dental provider could betray that trust any time you visit. If you’re a victim of dental malpractice in Ohio, you may be entitled to compensation.

Proving negligence in a dental malpractice case is challenging. The experienced Columbus dental malpractice attorneys at Kisling, Redick, & Nestico can guide you through the process and help you secure maximum compensation.

What Is Dental Malpractice?

Dental malpractice is a form of medical malpractice. Both involve the negligence of a healthcare professional.

Columbus dentists and other dental care providers have to treat patients with a standard of care. They might injure a patient if they do not follow proper steps and medical protocols.

While there are many ways this can occur, some of the most common examples of dental malpractice include:

Failure to Diagnose

Dental professionals might fail to diagnose a dental condition promptly or accurately. The longer you are undiagnosed, the longer you go untreated, and the more likely you will face serious complications.

For example, if you have gum disease and your dental care provider does not diagnose it, you could experience receding gums, bone infections, tooth loss, and more.

Anesthesia Errors

Before most dental surgeries, you will receive local anesthesia (novocaine). Your dental health professional should know the correct dosage and injection method to numb you appropriately.

If they give too much anesthesia or inject it improperly, you could suffer injuries such as lasting nerve damage. If too little anesthesia is given, you might be in significant pain during the procedure.

Extraction Issues

A serious type of dental malpractice involves improper tooth extraction. For example, an oral surgeon might accidentally remove the wrong tooth, break the jawbone, or cause excessive bleeding.

Equipment Negligence

Dentists can cause serious health issues if they do not properly clean and sterilize instruments or use the incorrect tool during a procedure.

Lack of Informed Consent

Dental professionals must obtain a patient’s informed consent before performing a procedure. Informed consent involves giving the patient relevant information about treatment and only proceeding if the patient agrees.

Dentists who fail to discuss the possible risks or complications before performing a procedure may be liable for malpractice.

Medication Errors

If a dentist or pharmacist makes an error regarding your dental treatment medication, you can suffer serious harm, including fatal injuries.

Ohio Dental Malpractice Injuries

Unfortunately, dental malpractice can cause significant harm. Common injuries include:

  • Nerve or tissue damage, possibly leading to paralysis
  • Illnesses such as oral cancer
  • Tooth loss
  • Infections
  • Chronic pain
  • Structural damage

Recovering from these injuries can involve expensive medical bills and time-consuming treatments. You might wonder how to pay for the cost of recovery. KNR is here to help.

KNR Can Help With Your Dental Malpractice Claim

You can file a claim to help recover compensation after a dental injury. Here are a few elements of a dental malpractice claim that KNR can help with:

Prove Dental Negligence

To prove negligence, you must prove the dentist breached their standard of care. Breaching the standard of care typically means the dentist acted in a manner that another dentist with similar experience would not have done in similar circumstances.

KNR can help prove negligence in your case, which involves showing:

  • There was a duty from the dentist to the patient. There must be a care provider-patient relationship between you and the dentist. This relationship would require them to provide adequate, evidence-based care.
  • The dentist breached the standard of care. The dentist must have acted in a way another care provider would not have.
  • The patient suffered injuries. You must have measurable damages to file a claim. Some patients believe they can file a malpractice claim simply because the care provider made an egregious error. This may be worth reporting to the Ohio State Dental Board, but you do not have a claim unless you are injured.
  • The injuries can be linked to the breach. You must be able to prove that your injuries are a result of the dentist’s breach of the standard of care.

Submitt an Affidavit of Merit

When you file a complaint of dental malpractice in Columbus, you must also submit an Affidavit of Merit. This is a statement from an expert witness, such as another dentist, who is familiar with dental providers’ standard duty of care.

An Affidavit of Merit should certify the expert witness has reviewed your medical records with you and agree there was a breach of duty that caused your injuries. KNR can gather expert witnesses and help you submit your documents for review.

Handle Dental Insurance

You will likely seek compensation through the dentist’s insurance rather than the dentist themselves. Most dental practices have substantial insurance policies and dealing with adjusters can be overwhelming. KNR’s legal team has in-depth experience with dental malpractice claims and negotiation skills.

It is important to note that dentists aren’t required to carry malpractice or professional liability insurance in Ohio. If needed, you may pursue compensation through a lawsuit or other means. Our trial lawyers are experienced in lawsuits and have successfully recovered compensation for many injury victims.

Recover Dental Malpractice Compensation

Through an insurance claim or lawsuit, KNR will fight hard for you to recover financially. Your attorney will help you obtain compensation for your damages. These are your losses resulting from a dental injury.

Damages in a Columbus dental malpractice case can be economic and non-economic. Economic damages are easily attributed to a number value, such as lost income or medical bills. Non-economic damages are more intangible, including pain and suffering, disability, mental anguish, and more.

KNR’s Legal Team Will

  • Investigate, collect evidence, and find those at fault.
  • Interview witnesses, medical professionals, and experts to show how your life was impacted.
  • Communicate with the insurer, clarify liability, and pursue max compensation.
  • Determine the full and fair value for your dental injury– what you lost and deserve.
  • Keep you informed and involved. KNR is available by phone, text, email, or Zoom.
  • Protect your rights and, if necessary, take your case to court.
  • Never charge you upfront. If there’s no recovery, there’s no cost.
  • We use every available resource so you can recover physically and financially.

Columbus, Ohio Dental Malpractice FAQs

How Much Time Do I Have to File?

According to the Ohio statute of limitations, you must file a dental malpractice claim within one year after the date of the incident.

If you wait longer than a year, you could miss out on the chance to obtain compensation. It is crucial to contact a dental malpractice attorney as soon as possible so they can get started on your case promptly.

What is My Dental Claim Worth?

Medical malpractice claims in Ohio are capped at $350,000 per plaintiff and $500,000 total per occurrence. However, every dental malpractice claim is different. Our attorneys can evaluate your case and calculate its value.

Value is based on your damages, their impact on your life, input from experts, and other factors that apply. Our assessment will be thorough to best supplement your claim or lawsuit.

What if a Hygienist or Dental Assistant Caused My Injuries?

Dental hygienists and assistants are still considered medical professionals that must provide a standard duty of care. Therefore, they can still be held liable for your dental malpractice injuries.

Contact Our Dental Malpractice Attorneys

A Columbus dental malpractice accident can be painful for you and your pockets. An attorney is often the best resource for you to secure full compensation after a dental accident injury. The Columbus injury lawyers at Kisling, Nestico, & Redick are here to learn more about your case. Time is limited in your claim, so don’t wait to take action.

Schedule a free consultation with our dental malpractice lawyers. Call KNR at (614) 487-8669 or use our online form.

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