Routine dental visits for cleanings, cavity care, and other procedures play a crucial role in preventing oral diseases, which can have significant effects on overall health. Unfortunately, dental errors are more common than you might think and can lead to complications that jeopardize your well-being.
At Noakes Law Group, our experienced Kentucky dental malpractice attorney helps victims hold negligent dental providers accountable. Below, we break down the difference between dental negligence and dental malpractice—and how these distinctions impact your rights to file a legal claim.
What Is Dental Negligence?
Dental negligence refers to mistakes or carelessness by a dental provider that deviates from standard care practices but may not rise to the level of malpractice. It includes behavior that puts patients at risk or fails to prevent harm through reasonable precautions. Examples of dental negligence include:
- Failing to maintain accurate and complete patient charts;
- Omitting critical medical information from records;
- Rushing through patient visits without proper care or attention;
- Ignoring patient questions or concerns;
- Downplaying symptoms, causing delayed diagnoses;
- Errors in performing treatments like root canals or orthodontic work;
- Ignoring allergies or pre-existing conditions during care;
- Prescribing or administering incorrect dental medications.
Dentists and oral care providers are human and can make mistakes. However, when their negligence results in harm, Kentucky law allows you to seek compensation for the injuries and losses caused by their carelessness.
What Is Dental Malpractice?
Dental malpractice goes a step further than negligence. It occurs when a dental provider’s actions not only breach the standard of care expected in the dental community but directly cause harm to a patient. To pursue a malpractice claim in Kentucky or Indiana, you must prove two key elements:
- Breach of Duty of Care: The dental provider’s actions deviated significantly from what other competent providers would do in similar circumstances.
- Causation and Damages: The provider’s negligence caused physical harm and measurable losses, such as medical bills, pain and suffering, or additional corrective treatments.
Injuries that may form the basis of a dental malpractice claim include:
- Infections from unsanitary practices or improper procedures;
- Damage to gums, nerves, or oral tissues;
- Loss of otherwise healthy teeth due to negligence;
- Serious complications from anesthesia errors.
Your Rights in a Dental Negligence or Malpractice Claim
If you believe you’ve been harmed by a dental provider, you have the right to hold them accountable in several ways. You can:
- File a Complaint: Submit a complaint to the American Dental Association or the Kentucky Board of Dentistry. This may result in an investigation, fines, or even the loss of the provider’s license.
- Pursue Legal Action: Filing a malpractice claim can provide financial compensation for medical costs, lost wages, and pain and suffering caused by the provider’s negligence.
Why Choose Noakes Law Group for Your Dental Malpractice Case?
At Noakes Law Group, we understand how devastating dental injuries can be for your physical, emotional, and financial well-being. Our experienced attorneys are relentless in holding negligent providers accountable and securing maximum compensation for our clients. If you’ve suffered due to dental negligence or malpractice, don’t wait. Contact Noakes Law Group today to schedule a consultation. We proudly represent victims in Kentucky and Indiana, providing trusted legal guidance and fighting for the justice you deserve.