Dental Malpractice

Medical malpractice is a very broad term that includes many types of negligent acts by health care providers. This includes dentists, oral surgeons and dental hygienists. Whether it is a simple dental exam or a complicated extraction involving anesthesia, there is always a risk for injuries during dental procedures. Like any healthcare provider, dentists and dental assistants are responsible for ensuring your health and safety by strictly following an appropriate standard of care. However, mistakes do occur and dental patients may suffer personal injury or death as a result of dental negligence.

Types of Dental Malpractice

Like other doctors, dentists owe their patients a duty of care. Dentists must perform procedures in the way an ordinary dentist would under the same circumstances. What this means is dentists are held to the same level that other dentists in the geographic area or that have the same type of educational background. Dental malpractice occurs when a dentist or another oral health care provider breaches the standard of care. While an unsuccessful procedure does not automatically mean an individual will have a claim for malpractice, dental malpractice lawsuits do commonly arise from the following:

  • Anesthesia complications
  • Failure to diagnose oral diseases or cancers
  • Injuries to oral nerves
  • Complications with bridges and crowns
  • Tooth extraction problems
  • Root canal injuries
  • Complications from Novocain
  • Infections
  • Wrongful Death
Dental Malpractice Concerns

Cases of dental malpractice usually relate to an injury in the jaw or mouth, but studies have linked oral health to health of the body as a whole. An injury in the mouth caused by a dentist or a dental provider could have lasting impacts on an individual’s overall health. Similar to other medical malpractice claims, someone who is injured must act quickly because the statute of limitations for dental malpractice actions is only two years from the date of the act causing the injury.

Dental Insurance Woes

Compared to other cases of medical malpractice, those with dental injuries are much more likely to not have dental insurance, or to not have significant coverage. Over one third of American adults have no dental insurance, and this figure includes sixty seven million Americans under 65 who do not have dental insurance. The number of individuals under 65 without dental insurances is nearly twice the number of individuals under 65 without health coverage. Additionally, the federal program Medicare does not cover dental services. If an individual received an injury form a dental procedure and did not have insurance coverage, they may be concerned how they will be able to pay medical bills. An experienced attorney can help get medical bills paid.

Dental malpractice is common in the Chicago area and throughout Illinois. Victims of negligence have the right to receive fair and reasonable compensation for the harms caused. If you or a loved one has been the victim of dental malpractice, a Chicago personal injury lawyer can discuss your case with you in a FREE consultation to determine the best course of action. Please call 877-374-1417 or 312–332–2872 or contact us online.

Illinois Medical Malpractice Blog - Dental Malpractice
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Levin and Perconti was always there when we needed them and very quick to answer any questions. We are happy to say that Ashley Herschberger was very professional, informative, kind, and prompt when it came to our case. She was always there if we had a concern or a question. We would recommend Ashley and the law firm, Levin and Perconti, to anyone else. We would also come back with another case of our own if ever needed. The Gonzalez Family
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Mr. Levin, Mr. Perconti and the firm handled a medical malpractice suit for my family. During that time, my family and I suffered the loss of my mother. Mr. Levin and Mr. Peconti were more than just our lawyers. Words can’t really express our gratitude. My family and I will always be grateful for the compassion that they showed us. I want to thank you for what you did for my family, and for always being there for us. W.R., Medical Malpractice Client
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Our deepest appreciation to the law firm of Levin & Perconti, and in particular to Margaret Battersby Black, in the handling of the lawsuit we field n behalf of our sister who sustained life-threatening injuries as a nursing home resident. Margaret’s representation, guidance, and professionalism gave us the sense that we could put our trust in Levin & Perconti and the final outcome proved that to be true. D.G., Nursing Home Client
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I want to send my heartfelt thanks to John Perconti and the Levin & Perconti staff in taking our case. Not only were they so professional but also so caring and thoughtful. It was very difficult going over the facts in our mother's case but they were so compassionate and understanding and allowed us to be with them every step of the way. We were able to sit in on the depositions and we were really able to see how hard they worked on our behalf. M.R.Z., nursing home client
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Mr. Levin, Mr. Perconti, and the firm handled a medical malpractice suit for my family. During that time, my family and I suffered the loss of my mother. Mr. Levin and Mr. Perconti were more than just our lawyers. Words can’t really express our gratitude. W.R., medical malpractice client