Dental malpractice occurs when a dentist’s negligence or failure to meet the accepted standard of care causes harm to a patient. While most dental procedures are safe, errors can lead to significant physical, emotional, and financial consequences. Understanding the legal landscape surrounding dental malpractice in Connecticut is crucial for patients who may have suffered from inadequate care.
This article explores what dental malpractice is, common types of dental errors, how to bring a claim, and the damages you may be entitled to. Whether you’re dealing with a misdiagnosis, surgical error, or improper treatment, knowing your rights and options is the first step toward seeking justice.
What is Dental Malpractice?
Dental malpractice can involve errors in diagnosis, treatment, aftercare, or health management. To qualify as malpractice, the mistake must go beyond a simple dissatisfaction with results.
It must involve negligence that directly causes damage, such as unnecessary tooth loss, infection, nerve injury, or other complications. Dental malpractice is a form of professional negligence and can be grounds for legal action if the patient suffers measurable harm as a result.
Common Dental Malpractice Errors
Common types of dental malpractice errors include misdiagnosis or failure to diagnose conditions like gum disease, oral cancer, or tooth infections, which can lead to worsening health issues. Other errors involve performing unnecessary procedures, such as extracting healthy teeth or using improper techniques during root canals or fillings, which can cause unnecessary pain or complications.
Surgical mistakes, such as damaging nerves during tooth extractions or placing dental implants incorrectly, are also common. Additionally, anesthesia errors, such as administering the wrong dosage or failing to monitor the patient, can lead to severe health complications. These mistakes can cause significant harm, often requiring corrective treatments or leading to long-term damage.
Dental Malpractice in Connecticut
There are some specific nuances that patients should be aware of with regard to dental malpractice in Connecticut. Consulting with a qualified dental malpractice attorney can provide guidance and help ensure that your rights are protected throughout the legal process.
Statute of Limitations
In Connecticut, the statute of limitations is two years from the date the injury is discovered, or should have been discovered. However, there is a three-year cap from the time the suspected malpractice was alleged to have occurred. This means that even if the harm wasn’t discovered until later, you must file a claim within three years from the date of the dental procedure or treatment that caused the injury.
Reasonable Inquiry Certification Requirement
Connecticut law requires plaintiffs in dental malpractice cases to file a reasonable inquiry certification before a lawsuit can proceed. This document must be signed by a qualified dental professional who confirms that, based on their review of the case, that there is a valid claim of negligence. The certificate helps prevent frivolous claims and ensures that the case has been reviewed by a professional familiar with dental standards of care.
Damages
In Connecticut, there are no caps on damages in dental malpractice cases. This means that a patient who successfully proves malpractice may be entitled to compensation for both economic damages (such as medical bills, lost wages, and the cost of corrective treatment) and non-economic damages (such as pain and suffering, emotional distress, and loss of enjoyment of life). However, punitive damages, which are intended to punish the wrongdoer for particularly egregious conduct, are rare in dental malpractice cases.
Apologies
Connecticut’s medical and dental malpractice statute contains a clause that allows healthcare providers, including dentists, to express sympathy or apologize to patients without having those statements used against them in court. This means that if a dentist expresses regret or admits fault, those statements cannot automatically be used as evidence of liability in a lawsuit.
Steps to Take if You Suspect Dental Malpractice
If you suspect that you’ve been the victim of dental malpractice, it’s important to take specific steps to protect your health and legal rights. By seeking medical care, consulting an attorney, and gathering the necessary documentation, you can better understand whether you have a valid case and how to proceed with pursuing compensation for your damages.
Seek Immediate Medical Attention
If you’re experiencing severe pain, swelling, or other complications after a dental procedure, it’s important to seek immediate care from another dentist or a medical professional. This will not only address your immediate health concerns but also create a medical record of any complications, which can be valuable if you decide to pursue a malpractice claim later.
Document Your Symptoms and Treatment
Keep a detailed record of your symptoms, including when they started, their severity, and any changes over time. Also, track the treatments you’ve received, including dates, procedures, and the dentist’s recommendations.
Take photos of visible injuries or damage, such as swelling, bruising, or unusual healing after a procedure. This documentation will be essential for supporting your case.
Review Your Medical Records
Request a copy of your dental records, including X-rays, treatment plans, and notes from your dentist. Review these documents carefully to see if there’s evidence of substandard care or errors in your diagnosis or treatment. If you’re unsure, an experienced attorney can help you interpret these records and identify any issues.
Consult with a Qualified Expert
Dental malpractice cases often require expert testimony from another dentist. A qualified dental expert can review your case and provide an opinion on whether your dentist’s actions deviated from the accepted standard of care. This is required by Connecticut law before you can file a malpractice claim and will help determine if you have a valid case.
Consult with a Dental Malpractice Attorney
Reach out to an attorney who specializes in dental malpractice. An attorney will be able to assess the merits of your case, explain your legal rights, and guide you through the complex process of filing a claim. They can also help you gather evidence, identify expert witnesses, and navigate the legal requirements, such as filing a certificate of merit in Connecticut.
Cooper Law Group Can Help Protect Your Rights
If you believe you’ve been a victim of dental malpractice, don’t navigate the legal process alone. At Cooper Law Group, we are experienced in dental malpractice cases and are committed to helping you get the compensation you deserve. Our experienced team will guide you through every step of the process, from gathering evidence to working with expert witnesses.
Contact us today for a consultation, and let us help you protect your rights and pursue justice for the harm you’ve suffered.