Handling Dental Malpractice Cases in Louisville & Throughout Kentucky
Dental Malpractice is a Serious Problem: We Fight for the Rights of Victims in Louisville
At Noakes Law Group, our Louisville dental malpractice attorneys are skilled, experienced, and results-focused advocates for patients. Substandard care by a dentist or other medical professionals can cause severe harm to an innocent victim. They must be held accountable. Were you or a loved one the victim of dental malpractice in Louisville? We can provide support. For a free, confidential case review with a reliable Kentucky medical malpractice attorney, please do not hesitate to contact us today.
Know the Data: Dental Malpractice 14 Percent of All Medical Malpractice Claims
Negligence by a dentist, dental hygienist, or other related professional can cause serious harm to an injured victim. Dental malpractice is far more common than many people realize. In fact, dental malpractice accounts for approximately 14 percent of all medical malpractice claims (USC Center for Health Journalism).
This can include errors in diagnosis, treatment, and aftercare, as well as failure to obtain informed consent or to properly communicate with the patient. Complications from dental implants, such as improper placement leading to nerve damage and infections, are also common issues.
What is Dental Malpractice?
Dental malpractice occurs when a dentist or oral surgeon fails to provide the standard of care that a reasonable dentist would have provided in the same situation, resulting in harm or injury to the patient. This can include errors in diagnosis, treatment, and aftercare, as well as failure to obtain informed consent or to properly communicate with the patient. Dental malpractice can have serious consequences, including physical harm, financial losses, and emotional distress.
Types of Dental Malpractice and Injuries
Dental malpractice can take many forms, including:
- Failure to diagnose oral cancer or other serious conditions
- Misdiagnosis or delayed diagnosis
- Failure to provide proper treatment or follow-up care
- Use of improper or outdated techniques
- Failure to obtain informed consent
- Dental implant injuries, such as nerve damage or infection
- Injuries during dental procedures, such as root canals or extractions
- Failure to properly manage medical conditions, such as diabetes or hypertension
Dental malpractice can result in a range of serious injuries and illnesses, including:
- Oral cancer
- Nerve damage
- Tooth loss or damage
- Gum disease
- Infection
- Emotional distress
Examples of Dental Malpractice in Louisville
What is dental malpractice? Broadly defined, it is harm to a patient that happens because a dentist/dental practice provider substandard professional care. It can take a wide range of different forms. Some of the most common examples of dental malpractice in Louisville include:
- Diagnostic Errors: Timely care is a must. Misdiagnosing or failing to diagnose dental conditions like oral cancer, gum disease, or infections, leading to worsened conditions.
- Surgical Mistakes: Errors during dental procedures—from improper tooth extractions to misuse of anesthesia errors—can result in long-term pain or severe dental complications.
- Rough Handling: Improper use of dental tools can lead to gum injuries, broken teeth, severe lacerations, or infections.
- Postoperative Care Negligence: Failing to provide the right postoperative care is a problem. It can contribute to complications, infections, delayed healing, and other issues.
Understanding Kentucky’s medical malpractice laws is crucial for effectively navigating these cases.
An Overview of Medical Malpractice Laws in Kentucky
A dental negligence case is a type of medical malpractice claim. If you or a family member was the victim of dental malpractice in Louisville, your case falls under Kentucky law. Here are key points to know about Kentucky’s medical malpractice laws for dental negligence claims in the Commonwealth:
- Dentist-Patient Relationship: To establish a medical malpractice claim in Kentucky, it is crucial to first demonstrate the existence of a dentist-patient relationship. The relationship confirms that the dentist owed a duty of care to the patient.
- Professional Negligence Causing Harm: In Kentucky, a malpractice claim must show that the dentist’s professional negligence directly caused harm to the patient. A dentist is negligent if they provide care worse than an ordinary dentist would in a similar situation.
- An Affidavit of Merit By Qualified Expert: The law requires an affidavit of merit from a qualified expert to proceed with a claim. The affidavit must attest that the expert believes the case has merit and that the dentist’s actions likely fell below the standard of care.
Building a Dental Malpractice Case
To build a dental malpractice case, it is essential to gather evidence and establish the four critical elements of a medical malpractice claim:
- Duty of care: The dentist had a duty to provide a certain level of care to the patient.
- Breach of duty: The dentist failed to provide the standard of care, resulting in harm or injury to the patient.
- Causation: The dentist’s breach of duty caused the patient’s harm or injury.
- Damages: The patient suffered harm or injury as a result of the dentist’s breach of duty.
A dental malpractice lawyer can help patients understand their rights and options and fight for the maximum recovery possible. They can also help gather evidence, consult with medical experts, and file a lawsuit against the responsible parties.
Challenges of Proving Dental Malpractice
Proving dental malpractice can be challenging due to the complex nature of these cases and the high burden of proof required. Dental malpractice cases often require expert testimony and a thorough understanding of dental procedures and standards of care.
Additionally, medical malpractice insurance companies may employ various tactics to deny or minimize claims, including prolonging the claims process, waiting until the statute of limitations expires, denying liability, and offering low settlements.
A knowledgeable and experienced dental malpractice attorney can make a significant difference in the outcome of a case. They can help navigate the complex legal process, gather evidence, and negotiate a fair settlement. If a settlement cannot be reached, they can also represent the patient in court and fight for their rights.
In Kentucky, the statute of limitations for medical malpractice lawsuits is one year from the date of the incident or from the date when the injury could have been reasonably discovered. The discovery rule may apply if the medical malpractice involved an error that was not immediately evident.
If you or a loved one has been affected by dental malpractice, it is essential to seek the advice of a qualified dental malpractice lawyer. They can help you understand your rights and options and fight for the compensation you deserve.
Recovering the Maximum Financial Compensation for Dental Malpractice
Harmed due to dental negligence in Louisville? Under Kentucky’s medical malpractice laws, you have the right to seek financial compensation for the full extent of your damages, including your non-economic losses. With that being said, the medical malpractice insurance companies that defend claims do not make the claims process easy on people. You need a top attorney. Our Louisville, KY dental malpractice attorneys help victims seek compensation for:
- Emergency medical treatment;
- Additional dental care;
- Other medical bills;
- Loss of wages;
- Diminished earnings;
- Pain and suffering;
- Dental scarring or disfigurement; and
- Wrongful death.
Why Trust the Louisville Dental Negligence Lawyers at Noakes Law Group
Dental malpractice cases are complicated. You do not have to take on an aggressive malpractice insurance company alone. At Noakes Law Group, our team has knowledge and skill set that patients can depend on. With millions recovered for victims, our client testimonials and case results tell the story. Along with other things, our Louisville dental malpractice lawyers are ready to:
- Listen to your story and answer questions about medical malpractice laws;
- Investigate your case—gathering all evidence needed to prove malpractice;
- Handle the paperwork and any settlement discussions; and
- Take aggressive measures to help you secure the maximum financial compensation.
Set Up a Free Consultation With Our Louisville Dental Malpractice Attorney Today
At Noakes Law Group, our Louisville dental malpractice lawyer has the experience needed to take on all types of dental malpractice cases. Harmed due to substandard dental care? We are more than ready to help. Contact us today to set up your free, no-obligation consultation. We handle dental malpractice claims in Louisville, Jefferson County, and throughout the Outer Bluegrass region.
