Yes, you can sue a dentist for medical malpractice in Florida. Dentists, like other healthcare providers, must meet professional standards of care, and when their negligence causes harm to patients, they can be held legally accountable.
If you’ve suffered injuries due to substandard dental care in Florida, consulting with a Florida medical malpractice lawyer can help determine if you have grounds for a claim and guide you through the legal process.
Understanding Dental Malpractice In Florida
Dental malpractice is a specific type of medical malpractice that occurs when a dentist, orthodontist, oral surgeon, or other dental professional provides care that falls below the accepted standard in their field, resulting in harm to the patient.
In Florida, dental malpractice claims are governed by the same laws and principles that apply to other types of medical malpractice. This includes the requirement to prove that the dental professional breached the standard of care and that this breach directly caused your injuries.
Common examples of dental malpractice include:
- Failure to diagnose or misdiagnosis of conditions like oral cancer or gum disease
- Improper procedures resulting in nerve damage, infection, or tooth loss
- Unnecessary extractions or procedures
- Errors during anesthesia administration
- Failure to obtain informed consent before procedures
- Improper use of dental tools or equipment
- Inadequate follow-up care leading to complications
- Prescription errors involving medications
- Failure to refer to specialists when appropriate
All this means you can sue a dentist for malpractice in Florida. Not every poor outcome constitutes malpractice. The key is determining whether the dentist’s care deviated from what other reasonable dental professionals would have provided in similar circumstances.
Establishing The Elements Of Dental Malpractice
To successfully pursue a dental malpractice claim in Florida, you must establish four key legal elements. These requirements create the framework for determining whether a dentist should be held legally responsible for your injuries.
Duty Of Care
The first element involves establishing that the dentist owed you a duty of care. This duty is automatically created when a dentist-patient relationship exists, which typically occurs when:
- You schedule an appointment with the dentist
- The dentist agrees to examine or treat you
- You receive dental services from the dentist
- The dentist bills you or your insurance for services
This professional relationship legally obligates the dentist to provide care that meets the accepted standard in the dental field. Medical records, appointment confirmations, and billing documents can help establish this relationship.
The standard of care in dentistry refers to what a reasonably competent dentist would do under similar circumstances. This standard may vary depending on:
- The dentist’s specialty or area of practice
- The specific procedure being performed
- Current best practices in dentistry
- Available equipment and technology
- Geographic location and community standards
Breach of Duty
Proving that the dentist breached this standard typically requires expert testimony from other qualified dental professionals. These experts explain what the standard of care needed in your situation is and how your dentist’s actions deviated from this standard.
Examples of potential breaches include:
- Performing procedures incorrectly
- Using improper techniques
- Failing to sterilize equipment properly
- Missing obvious signs of disease or infection
- Not ordering appropriate diagnostic tests
- Providing unnecessary treatments
- Failing to obtain informed consent
Causation
The third element, causation, requires proving that the dentist’s breach directly caused your injuries. This can be challenging, as defense attorneys often argue that:
- Your condition was pre-existing
- Your problems resulted from the natural progression of dental disease
- Your injuries stemmed from known complications rather than negligence
- You contributed to the problem through poor dental hygiene or failure to follow instructions
To establish causation, you typically need both medical evidence and expert testimony linking the specific breach to your particular injuries.
Damages
Finally, you must document actual damages resulting from the dental negligence. These damages may include:
- Additional dental or medical treatment costs
- Pain and suffering
- Lost wages due to recovery time
- Permanent injury or disfigurement
- Emotional distress
- Loss of enjoyment of life
Each of these elements must be established by a “preponderance of the evidence,” meaning it is more likely than not that the component exists. Working with an attorney experienced in dental malpractice helps ensure you properly establish each required element while complying with Florida’s procedural requirements for these specialized cases.
Steps to Take to Sue a Dentist for Medical Malpractice
If you believe you’ve experienced dental malpractice, taking appropriate actions can help protect both your health and your legal rights. These steps create a foundation for both your dental recovery and any potential malpractice claim.
First, prioritize your dental health by seeking a second opinion from another dentist. This step serves multiple purposes:
- Addressing your immediate dental issues and preventing further damage
- Getting an objective assessment of your condition from another professional
- Potentially obtaining documentation that supports your malpractice claim
- Creating a record of the harm caused by the original dentist’s care
Request complete copies of your dental records from the dentist you believe was negligent. Under federal law (HIPAA), you have the right to access your dental records, though you may need to pay reasonable copying fees. These records should include:
- Treatment notes and plans
- X-rays and other imaging
- Billing records
- Correspondence related to your care
- Consent forms you signed
Document everything about your experience in detail:
- Keep a journal noting symptoms, pain levels, and problems experienced
- Take photographs of visible dental issues or complications
- Save all prescriptions and medication information
- Record conversations with dental staff (where legal)
- Maintain a timeline of all treatments and subsequent problems
Be careful about what you say to the dentist you believe was negligent or their staff. Avoid making statements that could be interpreted as accepting blame or minimizing your injuries. Direct all communication through your attorney once you’ve decided to pursue a claim.
Consult with an experienced dental malpractice attorney as soon as possible. Most reputable attorneys offer free initial consultations to evaluate your case. Bring your documentation to this meeting to help the attorney assess whether you have a viable claim.
Contact The Law Offices Of Anidjar & Levine Today
If you’ve suffered harm due to dental negligence in Florida, you don’t have to face this challenge alone. The Law Offices of Anidjar & Levine offers compassionate, client-focused representation with a proven track record of success in medical malpractice cases.
Contact us today for a free, no-obligation consultation to discuss your case. Our team will listen carefully to your story, answer your questions, and provide clear guidance about whether you can sue your dentist for medical malpractice.
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