Atlanta Dental Malpractice Attorney

When a visit to the dentist goes wrong, it can lead to serious injuries or complications. If you or a loved one has suffered due to negligent dental care in Atlanta or any other part of Georgia, you may need the assistance of an experienced dental malpractice attorney. The Wetherington Law Firm has a team of dedicated medical malpractice lawyers ready to help you get the compensation you deserve.

At the Wetherington Law Firm, we specialize in helping victims of personal injuries like dental malpractice in Atlanta, GA. Our skilled team knows how to handle complex dental negligence lawsuits. We work to show how the dentist or medical professional failed to meet the standard of care required by law. With our experience, we will guide you through the legal process, making sure your rights are protected.

To build a strong case, we gather medical records, consult with experts, and work closely with you to understand the full extent of your injuries. Whether you’re dealing with long-term pain, additional surgeries, or even disability due to a dental injury, we will fight for fair compensation for your suffering.

If you believe you’ve been a victim of dental malpractice in Atlanta or other parts of Georgia, don’t hesitate to reach out. The Wetherington Law Firm is here to provide you with skilled legal guidance and representation. You deserve justice and proper compensation for your injuries. Contact us today to learn how we can help. All our cases are on contingency so you don’t pay us until we win. You can also call us at (404)-888-4444. 

What is Dental Malpractice?

Dental malpractice occurs when a dentist or other dental professional provides care that falls below the accepted standard, resulting in harm or injury to the patient. Like other forms of medical malpractice, this happens when a healthcare provider acts in a negligent way, either through action or by failing to act.

Some common examples of dental negligence include:

• Nerve damage during procedures, like tooth extractions or root canals.
• Infections caused by unsterilized tools or improper aftercare.
• Failure to diagnose serious oral conditions like gum disease or oral cancer.
• Wrongful tooth extraction or other unnecessary treatments.
• Anesthesia errors, leading to severe complications or even death.

For a case to be considered dental malpractice, a few key elements must be present:

1. Duty of Care: The dentist must have had a professional relationship with the patient, meaning they were responsible for providing care.
2. Breach of Duty: The dentist’s actions (or lack of action) must have deviated from the accepted standard of dental care.
3. Injury: The patient must have suffered an injury as a direct result of the dentist’s negligence.
4. Damages: The injury must have caused actual harm, such as pain, medical bills, or the need for further treatment.

Patients who experience dental injuries may be entitled to compensation through a dental malpractice lawsuit. This compensation can help cover medical bills, lost wages, pain and suffering, and any future treatment related to the injury.

If you believe you’ve been harmed due to poor dental care, consulting with a qualified dental malpractice attorney can help you understand your rights and the steps needed to pursue a claim. Contact us for a free consultation today! 

Common Types of Dental Malpractice Cases

Dental malpractice cases arise when a dentist or oral surgeon’s actions cause harm to a patient through negligence or failure to meet the standard of care. Here are some of the most common types of dental malpractice cases:

1. Nerve Damage: One of the most frequent claims involves nerve damage, particularly during procedures like wisdom tooth extractions or root canals. If the dentist improperly handles the procedure, it can result in permanent numbness, pain, or even loss of sensation in the lips, tongue, or face.
2. Infections: Infections can occur when proper sterilization procedures are not followed, or when patients aren’t given the correct instructions for aftercare. Left untreated, infections can spread, leading to serious health complications, including hospitalization.
3. Misdiagnosis or Failure to Diagnose: Dentists are responsible for identifying oral health issues, such as gum disease, oral cancer, or cavities. When they fail to diagnose or misdiagnose a condition, the problem can worsen, requiring more invasive treatments or causing irreversible harm.
4. Wrongful Tooth Extraction: Removing the wrong tooth or performing an unnecessary extraction is another common type of dentist malpractice. This can cause not only cosmetic issues but also long-term damage to the alignment of your teeth, requiring further treatment or surgery.
5. Anesthesia Complications: Anesthesia errors, particularly in oral surgery, can have severe consequences. Administering too much anesthesia, or failing to properly monitor the patient, may lead to allergic reactions, brain damage, or even death.
6. Failure to Obtain Informed Consent: Before undergoing dental procedures, patients must be informed of the risks and alternatives. If a dentist performs a procedure without the patient’s informed consent, it could result in a dental negligence lawsuit, especially if complications arise.
7. Faulty Dental Work: Poorly done dental work, such as improperly placed crowns, bridges, or implants, can cause ongoing discomfort or necessitate corrective surgery. In some cases, faulty dental work may even worsen the patient’s condition, leading to additional costs and pain.

If you or someone you know has experienced one of these types of dental malpractice, it’s important to seek legal help. A dental malpractice attorney in Atlanta can help you determine if you have a valid claim and pursue compensation for dental injuries. Contact us today for free consultation. 

How to Prove Dental Malpractice in Georgia

Proving dental malpractice in Georgia requires showing that a dentist or oral surgeon acted negligently, leading to harm. While dental malpractice laws can vary by state, in Georgia, there are specific legal steps you must follow to build a strong case. To succeed in a dental malpractice lawsuit, the plaintiff (injured party) must establish the following key elements:

1. Duty of Care

First, you need to prove that the dentist owed you a duty of care. This is typically easy to establish if you had an official patient-dentist relationship, meaning the dentist was responsible for providing the appropriate level of care.

2. Breach of Standard of Care

In any dental malpractice case, you must demonstrate that the dentist breached the standard of care. The standard of care refers to the level of care and skill that a reasonably competent dentist would provide under similar circumstances. If the dentist’s actions fell short of this, you can claim negligence. Examples include misdiagnosis, improper tooth extraction, or failing to inform the patient of potential risks.

In Georgia, this usually requires expert testimony from another dental professional to explain what the standard of care is and how the defendant (your dentist) failed to meet it.

3. Causation

Proving causation is essential. You must show that the dentist’s breach of duty directly caused your injury or worsened your condition. It’s not enough to show that the dentist made a mistake; you must prove that their actions were the direct cause of your injury. This can be challenging without a clear link between the negligence and the resulting damage.

4. Damages

The final element is demonstrating the damages caused by the malpractice. Damages can include:

• Physical pain and suffering
• Medical bills for additional treatment or corrective procedures
• Lost wages if the injury impacted your ability to work
• Emotional distress resulting from the injury

Filing a Dental Malpractice Lawsuit in Georgia

In Georgia, a dental malpractice lawsuit must be filed within a specific time period. The statute of limitations is generally two years from the date of the injury. However, in some cases where the injury was not immediately apparent, the time frame may be extended, but not beyond five years from the date of the malpractice.

Additionally, Georgia law requires a plaintiff to file an “affidavit of merit” with the lawsuit. This affidavit must be signed by a qualified dental expert who supports your claim and explains how the dentist’s actions violated the standard of care.

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What Compensation Can You Recover in a Dental Malpractice Claim?

If you’ve suffered from dental malpractice, you may be entitled to various forms of compensation. The goal of a dental malpractice lawsuit is to recover damages for the harm caused by a dentist’s negligence. The type and amount of compensation you can recover depend on the specifics of your case, but here are the main categories of damages typically awarded in dental malpractice claims:

1. Medical Expenses: One of the most common forms of compensation is the cost of additional medical treatment. If you’ve been injured due to dental negligence, you may need further dental procedures or surgeries to correct the problem. Compensation can cover:

• Emergency room visits
• Corrective dental work
• Medication costs
• Future medical treatments related to the injury

These expenses can quickly add up, especially if long-term care is required to address the damage caused by the original dentist’s mistake.

2. Lost Wages: If your dental injury caused you to miss work, you can seek compensation for lost wages. This includes the income you lost while recovering from the injury or attending medical appointments. If the injury has impacted your ability to work in the future, you may also be entitled to future lost earnings.

3. Pain and Suffering: Pain and suffering refers to the physical and emotional distress caused by your injury. In dental malpractice cases, pain from nerve damage, complications from infections, or ongoing discomfort from a botched procedure can significantly affect your quality of life. Emotional trauma, such as anxiety, depression, or embarrassment, especially if the malpractice caused visible damage to your appearance, can also be included in this category.

4. Permanent Disability or Disfigurement: If the malpractice results in permanent disability, such as the loss of sensation due to nerve damage or the disfigurement of your teeth or face, you may be entitled to compensation for the long-term effects. These damages are more difficult to quantify but play a crucial role in the overall recovery.

5. Loss of Enjoyment of Life: If your dental injury prevents you from enjoying activities you once participated in, you may seek compensation for the loss of enjoyment of life. For example, if dental malpractice impacts your ability to eat, speak clearly, or engage in social activities, this can be factored into your claim.

6. Punitive Damages: In rare cases, if the dentist’s behavior was especially reckless or intentional, you may be awarded punitive damages. These are meant to punish the wrongdoer and deter similar behavior in the future. However, punitive damages are not commonly awarded in dental malpractice cases unless the negligence was extreme.

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Steps to Take After Dental Malpractice

If you believe you’ve been harmed due to dental malpractice, it’s important to act quickly to protect your health and legal rights. Below are the essential steps to take after dental malpractice:

1. Seek Immediate Medical Attention

Your health is the priority. If you are experiencing pain, infection, or other complications after a dental procedure, seek immediate medical attention from another dentist or healthcare provider. This will not only help you recover, but it also documents your injuries and shows that you took steps to address the harm right away.

2. Document Your Injuries

It’s important to keep detailed records of the injury caused by the dental negligence. Take notes on the symptoms you experience and how they affect your daily life. Photos of visible injuries, such as swelling or improper dental work, can also serve as strong evidence. Keep all related documentation, including prescriptions, invoices, and medical reports from other healthcare providers.

3. Request Your Dental Records

Request a complete copy of your dental records from the dentist or dental office involved in the malpractice. These records are crucial for proving that the treatment provided did not meet the standard of care. Be sure to include X-rays, procedure notes, and communication about your treatment.

4. Contact a Dental Malpractice Attorney

Consult with a dental malpractice attorney as soon as possible. A skilled attorney can evaluate your case and explain your legal options. They will help you gather evidence, find expert witnesses, and file the necessary paperwork. In Georgia, you must file a malpractice lawsuit within the statute of limitations (usually two years from the injury), so don’t wait too long.

5. File a Complaint with the Dental Board

You may also consider filing a complaint with your state’s dental board. In Georgia, you can report dental negligence to the Georgia Board of Dentistry. While this step won’t result in compensation for your injury, it can lead to disciplinary actions against the dentist, and your complaint may support your legal claim.

6. Gather Evidence and Witnesses

To strengthen your dental malpractice case, collect as much evidence as possible. This includes:

• Your medical and dental records
• Any correspondence with the dental office
• Witnesses who can support your claim (such as family members or other healthcare providers)

Additionally, your attorney will likely bring in an expert witness (another dental professional) who can testify about how the treatment you received deviated from the standard of care.

7. Keep a Record of All Expenses

Track all expenses related to your injury, such as:

• Medical bills for corrective procedures
• Prescription medications
• Lost wages if your injury caused you to miss work
• Travel expenses for medical appointments

These will help your attorney calculate the compensation you may be entitled to.

8. Prepare for Legal Action

Your attorney will help you file a dental malpractice lawsuit if you have a strong case. This process may involve negotiating a settlement or going to trial. In Georgia, you must also submit an affidavit of merit, which includes a statement from a qualified dental expert explaining how the dentist’s actions were negligent.

Why Choose Wetherington Law Firm?

1. Specialized Expertise: At Wetherington Law Firm, we possess in-depth knowledge and experience in handling personal injury and wrongful death cases including dental malpractice cases. This ensures that our clients benefit from specialized legal strategies tailored to their unique situations.
2. Proven Track Record: Our firm boasts a history of successful settlements and favorable verdicts in personal injury cases. This showcases our ability to effectively advocate for our clients’ rights and secure optimal outcomes.
3. Client-Centered Approach: We prioritize providing personalized and attentive legal representation. At Wetherington Law Firm, we understand each client’s specific needs and circumstances, ensuring that you feel supported and informed throughout the legal process.
4. Comprehensive Legal Support: From the initial investigation to courtroom representation, we offer full-service legal support. Our team diligently gathers evidence, consults with expert witnesses, and prepares robust cases to help you achieve justice and fair compensation.
5. Community Commitment: Beyond our legal expertise, we are dedicated to serving and improving local communities in Atlanta. Our commitment to legal advocacy and community involvement demonstrates our dedication to making a positive impact both inside and outside the courtroom.

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Contact Our Georgia Dental Malpractice Lawyer

If you or a loved one has been a victim of dental malpractice in Atlanta, don’t wait to seek the justice and compensation you deserve. Contact Wetherington Law Firm today for a free consultation. Our experienced and compassionate team is ready to listen to your story, provide expert legal guidance, and pursue the best possible outcome for your case. Call us or fill out our online contact form to take the step toward protecting your rights and securing your future.