Can I sue my dentist for medical malpractice in Minnesota?

 

In Minnesota, a dentist (like all medical professionals) may be held liable for malpractice when he fails to follow the proper standard of care under the circumstances and causes a patient to suffer an injury or death.

If your dentist fails to properly diagnose a disease, performs unnecessary treatment, or improperly uses instruments or anesthesia you may have grounds for a dental malpractice lawsuit and should speak to an attorney.

 

Types of Dental Malpractice claims

Dental malpractice can occur from either a dentist’s actions or inaction.  For example, if your dentist causes nerve injuries or nerve damage, extracts the wrong tooth, or causes you to develop a serious infection, you may have a dental malpractice claim.   Likewise, the inaction of a dentist to properly diagnose oral cancer, failure to refer to a specialist, or failure to diagnose periodontal (gum) disease may also entitle you to pursue a dental malpractice claim seeking compensation for your injuries and medical bills.

 

Serious dental / oral surgery mistakes can be pursued as medical malpractice claims

One of the difficulties victims of dental malpractice may run into is that even if your dentist committed malpractice, it does not always make economic sense to pursue a malpractice claim.  Typical malpractice cases can costs thousands of dollars in expenses to properly litigate.  However, if the dentist’s negligence was particularly harmful there could be serious and life-impacting injuries, such as:

  • Gum disease / periodontal disease
  • Death from wrongfully administered anesthesia;
  • Infections;
  • Taste loss;
  • Serious nerve damage to the face, lip, or tongue;
  • Brain damage from wrongfully administered anesthesia; and the
  • Needless extraction of teeth.

The key in winning a dental malpractice lawsuit is creating a nexus between the dentist’s negligent conduct and the injury.  To prevail at trial, the victim of dental malpractice will typically have to retain a separate dentist to testify as an expert witness to explain to the jury what the usual standard of care was for the patient and how the dentist departed from this standard of a care and caused the patient harm.

 

One of the first steps in the investigation of a dental malpractice claim will involve a thorough review of the patient’s dental records.   If properly maintained, the dental records should document the condition of the patient oral care both before and after the procedure in question and how the dentist performed the procedure.  As a patient, you have a right to your entire dental records no matter what the circumstances.

 

If you have been the victim of dental malpractice, call the Minnesota medical malpractice lawyers at Kuhlman Law

If you suspect that you or a loved one has been the victim of dental malpractice, you should contact a Minnesota dental malpractice lawyer immediately.  A dental malpractice lawyer can help to advise you of your rights, determine if your claim has enough damages to pursue, and to advocate on your behalf in order to secure the proper settlement or jury verdict.

 

If you have questions about dental malpractice, contact the Minneapolis Minnesota dental malpractice law firm of Kuhlman Law today at (612) 444-3374 for a free consultation.

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