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Dental Malpractice

Some of us look forward to it and some of us dread it; but for most of us, every 6-12 months is another visit to the dentist’s office for a routine teeth cleaning and checkup. In between practicing good oral hygiene at home, teeth cleanings by licensed professionals are vital to maintaining healthy gums and teeth, and for the most part, we trust our hygienists and dentists to take care of us. If your dentist fails to provide you with proper care, and you receive an injury, you have the right to file a medical malpractice lawsuit on behalf of their negligence.


Dental malpractice claims are common and account for 13.1 percent of all professional malpractice claims. To pursue legal compensation, you will need to file a complaint with the Florida state dental board, along with your dental malpractice case.


Types of dental malpractice include:

  • Needless tooth extraction
  • Misdiagnosis of a dental issue
  • Delay in treatment without reason
  • Failure to diagnose and treat periodontal disease
  • Improper administered anesthesia
  • Infections caused by improperly sterilized dental equipment


If you’ve suffered from dental malpractice, contact your state’s dental board and register a complaint. An investigator will access your case, and if he believes malpractice occurred, you will be scheduled a hearing with the state dental board. At this hearing, you will present your evidence, including dental charts, x-rays and witness reports supporting your case.


Within thirty days after your presentation, the dental board will notify you and the dentist; if malpractice has occurred, the dentist may be required to compensate you for treatment costs, and/or have his license suspended or revoked. The state dental board affirming your case as malpractice will strongly support your lawsuit.


How can I file a dental malpractice lawsuit?

In order to win your dental malpractice claim, it is impossible to represent yourself, so you will need an attorney with substantial experience in malpractice litigation to stand for you. Due to malpractice insurance, most dentists have a “right to refuse settlement;” this barrier will require a hard-fought lawsuit to have any possibility of receiving compensation for your injuries.


The first thing you need to do after sustaining an injury from a negligent dentist is to receive proper treatment before your injuries worsen. Then, request copies of your dental records and records from the dentist who treated you for the injuries caused by the malpractice. Parvey & Cavenago’s attorneys have experience seeking justice for malpractice lawsuits; we are here for you during this time of frustration and hurt. Schedule a free consultation, and let’s talk about how we can overcome and recover compensation for your suffering.

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