Dental Malpractice vs. a Bad Outcome
Not every complication is malpractice. Dentistry carries known risks, and a dentist who does everything right can still have a patient develop dry socket after an extraction, lose an implant, or have a root canal fail. The law does not promise a good result. It requires that the dentist meet the standard of care, meaning the level of skill and care that a reasonably competent dentist would use in the same situation, and that the dentist obtain your informed consent by explaining the material risks, benefits, and alternatives of the treatment before performing it.
A bad outcome becomes a malpractice case when the outcome was caused by a departure from that standard: a risk that was not evaluated, a step that was skipped, a warning that was never given, or a problem that was ignored when it appeared. An outcome you were never warned could happen can also support a claim for lack of informed consent, even if the procedure itself was performed correctly, when a reasonable patient would have declined the treatment had the risk been disclosed.
Understanding the Standard of Dental Care
Part of proving negligence in a dental malpractice claim shows that the dentist breached their standard of care. This typically means that the dentist didn’t do something or failed to act in a way that another dentist would reasonably do under similar circumstances. Proving this generally involves bringing in expert witnesses who can attest to how dentists are trained and what other dentists have done in similar situations.
Evidence in a Dental Malpractice Case
Dental cases are won on records. The evidence a lawyer gathers includes:
- Your complete dental records and X-rays. The chart, treatment notes, radiographs, and any 3D imaging, from the treating dentist and from any dentist who saw you afterward. You are entitled to a copy of your records, and requesting them early preserves the record as it stood.
- Treatment plans and consent forms. What was recommended, what alternatives were offered, and what risks were disclosed in writing.
- Second opinions. The findings of the dentist or specialist who diagnosed the problem and is repairing it, along with the cost of the corrective work.
- Expert review. An independent dentist or oral surgeon in the same field reviews the records and gives an opinion on whether the care met the standard and whether it caused your injury. Ohio requires this opinion in an affidavit filed with the lawsuit, so the expert review comes first.
- Bills, wage records, and photographs. The cost of the corrective treatment, the work you missed, and pictures of visible injuries or disfigurement.
How to File a Dental Malpractice Claim in Ohio
What Are the Requirements?
Under Ohio law, you must file an affidavit of merit with your complaint for dental malpractice. Your Affidavit of Merit must come from an expert witness who certifies that they have reviewed the medical records reasonably available to the plaintiff, that they are familiar with the standard of care, and that they believe the standard of care was breached and that the breach caused injury to the plaintiff.
Dental Malpractice Insurance Claims
In most cases, a plaintiff seeks compensation from a dentist’s malpractice insurance policy, not from the dentist. Most dentists carry substantial insurance policies, as one successful malpractice claim could easily bankrupt a dental practice.
However, in Ohio, there is no law requiring dentists or doctors to carry malpractice or professional liability insurance. In that case, you would need to pursue compensation via other means. Your attorney will help you if this is the case since it depends mainly on whether or not the provider has enough assets to make a claim worth your time.
Proving Dental Negligence
Before you can receive compensation for a dentist pulling the wrong tooth, missing a critical diagnosis, or otherwise failing to provide proper care, you must be able to prove negligence. This 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. As discussed above, 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 worthy of reporting to the Ohio State Dental Board, but you do not have a claim unless you were 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.
How Long Do I Have to File?
Ohio generally treats dental malpractice like medical malpractice, which means a one-year statute of limitations. The year usually runs from the date you discovered, or reasonably should have discovered, the injury, or from the date your treatment relationship with the dentist ended, whichever is later. Ohio also imposes an outer limit of four years from the date of the negligent act regardless of when the injury was discovered, with narrow exceptions, and the deadline can sometimes be extended briefly by sending the dentist written notice before filing.
The short window is a trap for patients who wait to see whether a problem resolves. If you suspect your dentist made a mistake, confirm the deadline with a lawyer right away; the review of your records that has to happen before a claim can be filed takes time.
Damages and Compensation for Dental Mistakes
In Ohio, a dental malpractice plaintiff can seek economic and non-economic damages. Economic damages are those that are easy to calculate, such as your medical and dental bills, lost wages, and other direct expenses related to dental malpractice. This may include time spent off work to repair or recover from the issue and the costs of getting the dental mistake fixed.
Non-economic damages are those losses that are harder to quantify. They include pain and suffering, loss of consortium, mental anguish, and other types of non-financial losses. Ohio caps non-economic damages in medical claims at the greater of $250,000 or three times your economic damages, up to $350,000 per person and $500,000 per occurrence; the cap rises for certain catastrophic injuries, such as permanent and substantial physical deformity. Our page on medical malpractice compensation explains how the limits work.
Your lawyer can represent you in pursuit of compensation for all your physical, emotional, and financial losses. Through an insurance claim or lawsuit, KNR will fight hard for you to recover your:
- Gastos médicos
- Pérdida de ingresos
- Dolor y sufrimiento
- Discapacidad
- Desfiguración
- Angustia mental
- Pérdida de la vida en común
Why Work With Our Dental Malpractice Attorneys
If you have been injured by a dental mistake, Kisling, Nestico & Redick is committed to helping victims get fair treatment from insurance companies and max compensation for their losses. We know that the costs associated with dental malpractice can be staggering, so we work quickly and try to remove as much stress as possible.
During your free consultation, we’ll discuss your dental malpractice claim and better understand what happened. We will provide our initial advice and guidance about moving forward. If we decide to pursue a claim, we will focus on building the strongest case possible to prove the dentist’s negligence. Let KNR gather the evidence and show the parties involved how your injuries have affected you and your life.
El equipo jurídico de KNR se encargará de
- Investigar, recabar pruebas y identificar a los responsables.
- Entrevista a testigos, profesionales sanitarios y expertos para demostrar cómo se ha visto afectada tu vida.
- Ponte en contacto con la aseguradora, aclara quién es el responsable y intenta conseguir la máxima indemnización.
- Determine the full and fair value for your dental injury: what you lost and deserve.
- Te mantendremos informado y te haremos partícipe. Puedes contactar con KNR por teléfono, mensaje de texto, correo electrónico o Zoom.
- Defiende tus derechos y, si es necesario, lleva tu caso ante los tribunales.
- Nunca te cobraremos por adelantado. Si no se consigue la indemnización, no hay ningún coste.
We use every available resource so you can recover physically and financially. We handle dental cases from every KNR office in Ohio, including our Columbus dental malpractice lawyers.
Dental Malpractice FAQs
How much time do I have to file?
Ohio generally treats dental claims like medical claims, with a one-year statute of limitations. The year usually runs from the date you discovered, or reasonably should have discovered, the injury, or from the end of your relationship with the dentist, whichever is later, and there is an outer limit of four years from the negligent act no matter when you found out. Because the window is short and the rules have exceptions, talk to a lawyer as soon as you suspect a problem.
What if a hygienist or assistant caused my injury?
Dental hygienists and assistants do a substantial portion of a patient’s care in many offices. You could still seek compensation if your dental hygienist or assistant were negligent. They are considered medical professionals and are obligated to provide reasonable care, and the dentist or practice that employs them is usually responsible for their work as well.
What should I do if I think I’m the victim of dental malpractice?
Get a second opinion from another dentist about your condition, request copies of your complete dental records and X-rays, and contact an Ohio dental malpractice attorney. Keep every bill and write down what you were told before and after the treatment. The clock on a dental malpractice claim is short, so do not wait to see whether the problem resolves on its own.
Can I sue my dentist for nerve damage?
Yes, if the nerve damage resulted from care that fell below the accepted standard. Injuries to the nerves that run through the lower jaw and tongue are a known risk of some procedures, so the question is whether the dentist evaluated that risk properly, warned you about it, and performed the procedure the way a competent dentist would. Permanent numbness, pain, or loss of taste after an extraction, implant, or injection is worth having reviewed by a lawyer and an independent dentist.
How much is a dental malpractice case worth?
It depends on the injury and what it will cost to fix. A case involving a wrong tooth extraction that can be corrected with an implant is worth far less than one involving permanent nerve damage, a missed oral cancer diagnosis, or a death from an anesthesia error. Economic damages cover corrective dental and medical treatment, past and future, and lost income; noneconomic damages cover pain, disfigurement, and loss of enjoyment of life, and Ohio limits noneconomic damages in most medical claims. A lawyer can give you a realistic range only after your records have been reviewed by an expert.
Don’t Wait Any Longer: Contact KNR
A reckless or negligent dentist’s mistakes can leave you in financial distress. But only if you don’t take action. The Ohio dental malpractice lawyers at Kisling, Nestico & Redick are ready to talk to you and learn more about your claim.
Get your free, no-risk consultation. Call 1-800-HURT-NOW today.
