Dental Malpractice

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Dental Malpractice

Dentistry is an important profession in Vermont, as there are roughly 189 individual general dental practices in Vermont, about one per 3,310 citizens.  One of the most noticeable features on a person is their teeth. When a person has missing or damaged teeth, it can have a serious impact on their self-esteem. Quite often, people are very anxious about going to the dentist simply because they fear how any complication will impact their appearance. Dental procedures can cause patients discomfort, even when performed by the most caring and attentive individual.

When an error occurs during a dental procedure, it can result in unnecessary suffering and even more medical costs. If a dental professional makes an error during your dental procedure, it should be investigated. A legal professional will be able to determine whether the error resulted from negligence.

Although rare, mistakes during dental procedures can result in debilitating and unnecessary pain. Some patients have died as a result of dental malpractice. If you have been injured, or somebody lost their life, as a result of dental malpractice contact Kohn Rath Law as soon as possible.

Types Of Dental Malpractice Claims 

If you suffer harm, damage, or disfigurement due to a dental professional’s negligence, you may have an adequate claim for compensation.

We can help you win compensation for claims regarding:

  • Anesthesia injuries or wrongful death due to dental procedures
  • Root canal procedures that are botched
  • Disfigurement of the teeth, face, and mouth
  • Failed bridge or crown procedures
  • Extractions of healthy teeth
  • Severe infections and pain
  • Failing to disclose risks
  • Failure to diagnose gum disease or oral cancer in patients
  • Nerve damage resulting in loss of feeling or motor skills in the facial muscles, jaw, lips, or tongue

Dental malpractice cases are extremely complex and difficult to prove. Dental professionals often fight vigorously against these claims due to the damage they can cause to their reputations.

In order to file a successful dental malpractice lawsuit, it is imperative you work with a malpractice attorney. Kohn Rath Danon Lynch & Scharf, LLP can help you obtain a successful outcome. Our legal professionals work diligently to prepare and pursue all dental malpractice claims on behalf of our clients.

Examples Of Dental Malpractice In Vermont

Dental malpractice is a term applicable to errors in professional care that occur in dental offices. Although dental mistakes rarely qualify as serious medical mistakes, they can present debilitating or even fatal injuries in some patients. Some examples of dental malpractice involve:

  • When a dental professional fails to obtain a patient’s medical history and, as a result, they suffer an injury
  • When a dental professional causes permanent nerve damage
  • When a patient suffers from heart problems as a result of un-prescribed antibiotics to clear up an oral infection
  • Errors during oral surgery or root canal procedures
  • When a dental professional extracts teeth unnecessarily
  • A dental professional’s failure to use an adequate amount of anesthesia for a procedure
  • When a dental professional fails to detect or investigate oral diseases, such as cancer

Whether your procedure was performed by an oral surgeon, an orthodontist, or a dentist, you may be able to file a legal claim against a responsible party for dental malpractice. This type of lawsuit is available to recover damages for pain and suffering as well as other costs accrued as a result of the negligent procedure.

Bringing On A Dental Malpractice Claim In Vermont

Dental malpractice lawyerNot every adverse outcome from a dental procedure constitutes malpractice. It is imperative that you contact a legal professional as soon as possible to improve your chances of securing compensation for damages you sustained during a dental procedure.

A claimant must prove that they suffered at the hands of a medical professional due to negligence. It takes extensive research and documentation to meet the burden of proof required to win a dental malpractice case. Waiting too long could jeopardize your ability to meet deadline requirements and present adequate information for your claim.

For insurance and professional reasons, dental malpractice cases often do not settle before court. At Kohn Rath Danon Lynch & Scharf, LLP, we prepare every case for trial from the beginning. We work diligently to obtain records on behalf of our clients to build a stronger case.

In addition to collecting evidence regarding the botched procedure, and any prior procedures a client has gone through, we find adequate professional witnesses to testify on behalf of our clients. Under Vermont law, claimants are required to have dental professionals testify on their behalf detailing how the dental professional in your claim failed to meet an acceptable standard of care. Quite often, patients benefit from having the professional that rectified the botched procedure testify for them.

Along with ample evidence in support of your claim, Kohn Rath Danon Lynch & Scharf, LLP presents comprehensive demand packages for insurance companies.

These demands often include the costs of future medical care needed to address the problems associated with the botched dental work, loss of wages caused by taking time off due to surgical complications, permanent damage, and emotional suffering.

When presented with a solid case, insurance companies may be open to settling before going to trial. In either case, it is imperative to be prepared for trial in case the insurance company is unwilling to reach a reasonable settlement.

Hire A Dental Malpractice Attorney To Help You With Your Case

Dental complications can cause an array of adverse effects. Not only are victims likely to suffer debilitating pain due to dental procedures, but they can have a serious impact on a person’s self-esteem. Botched dental procedures may very well result in the death of patients.

If you or a loved one have suffered due to a negligent dental professional, contact Kohn Rath Danon Lynch & Scharf, LLP as soon as possible. We will investigate your claim and take legal action against the responsible party if they were negligent, to obtain a fair and just amount of compensation for your injuries. We offer free consultations to discuss the best legal approach for dealing with your particular case. Contact us today at 802-482-2905 to get started on your case.

Our Attorneys:

Kohn Rath Danon Lynch & Scharf, LLP is a  Vermont law firm located in the Town of Hinesburg, providing a broad and comprehensive array of legal services to our clients.  Our attorneys have experience in many practice areas of the law.

(Click on the name of a team member for additional information)

Roger E. Kohn
Roger E. Kohn
Partner - Former President of the Chittenden County Bar Association
David Rath
David Rath
Beth A. Danon
Beth A. Danon
Partner - Former President of the Vermont Association for Justice (the Vermont Trial Lawyers Association)
David W. Lynch
David W. Lynch

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