Dental Malpractice Lawyer
Personalized support to address dental malpractice
A medical error by a dentist can have serious physical and psychological consequences. Medical errors during dental treatment can affect a patient’s quality of life and lead to chronic pain, complications and even irreversible damage. If you are a victim of a medical error or suspect malpractice during dental treatment, you may have grounds for a legal claim. Medlégal’s medical liability lawyers are here to guide and represent you so you can get the compensation you deserve.
Trusted experience in the field of dental malpractice
Medlégal medical law firm in Montreal has extensive expertise in litigation against health professionals, including dentists. Our medical liability lawyers have assisted numerous clients in cases involving dental malpractice. We draw on our considerable experience in this complex field, in addition to our in-depth knowledge of the law and jurisprudence, to defend the rights of healthcare system users and obtain compensation for damages caused by medical error.
Medical liability in dentistry
As a health care professional, a dentist has an “obligation of means”. This means that they are legally obliged to do everything possible in accordance with the standards of their profession to care for their patients, without having to guarantee a result. Dentists have a duty to act carefully and diligently, anticipating any risks associated with each intervention and doing everything possible to avoid any foreseeable damage. For example, a dentist must assess a patient’s state of health before proceeding with procedures such as extractions or dental implant surgery. If a dentist fails to identify obvious risks or to explain them to the patient, and complications arise as a result, this may constitute professional misconduct or negligence.
In addition, dentists are committed to offering diligent care, i.e. they must act rigorously, following established and recognized practices in their discipline. This applies not only to the quality of the procedure, but also post-operative follow-up and the management of any complications. For example, a dentist who delays treating a post-procedural infection or fails to react to a sign of complication could be considered negligent. This lack of diligence could result in professional liability.
When these obligations are not respected and the patient suffers damage, whether physical, psychological or financial, the patient can seek compensation. A dentist may be held civilly liable if they fail to take reasonable precautions to prevent harm. Patients who have been the victims of dental medical errors are entitled to file a medical liability claim to obtain compensation for the damage they have suffered.
List of medical errors for which a dentist may be liable
The following are some examples of medical errors for which a dentist may be held liable :
- Poorly performed tooth extraction causing nerve damage
- Incorrect diagnosis leading to inappropriate treatment
- Placement of dental implants without following proper procedures
- Serious infections due to inadequate hygiene conditions
- Faulty aesthetic treatments leading to complications
- Use of non-compliant materials leading to allergic reactions or damage
Each of these errors may give rise to a professional liability claim against your dentist. If you believe you were a victim of dental malpractice as described above, it is recommended to seek legal counsel to help you assert your rights in court.
What to do if you think your dentist has made a mistake
If you suspect your dentist has made a medical error, it’s vital that you act promptly to protect your rights. Here are the steps to follow:
- 1. Gather evidence: Keep all documents related to your treatment, such as bills, medical reports, X-rays and written exchanges with your dentist. These are key to proving medical malpractice and damages.
- 2. Get a second medical opinion: Consult another dentist or specialist to assess the damage and verify whether the initial procedure was performed incorrectly. This will strengthen your case by establishing a link between the error and its consequences.
- 3. Consult a medical liability lawyer: Once you’ve gathered your evidence, consult a medical liability lawyer. They will assess your case, explain your likelihood of success and guide you through the legal process.
- 4. Respect prescription deadlines: In Quebec, you generally have three years to file a complaint after the error has been discovered. However, this period may be shorter in some cases, so be sure to act quickly to protect your rights.
By following the above steps, you maximize your chances of filing a successful claim for compensation for dental malpractice.
How can a dental malpractice lawyer help you?
A medical liability lawyer possesses specialized knowledge and can offer invaluable support throughout the legal process. Here are the key points where a lawyer can help:
- Assessment of your case from a legal standpoint: Your lawyer will analyze the facts, examine the evidence, and determine whether recourse against your dentist is possible. They will evaluate whether there was medical negligence, decide whether that negligence can be proven, and explain any related legal complexities.
- Gather the evidence needed to prove the dentist's fault: Your lawyer will know which evidence is key to establishing the dentist's liability. They can call on medical experts to strengthen your case via technical testimony to maximize your chances of success.
- Drafting and filing legal documents with the courts: Your lawyer will handle all the legal paperwork, including drafting the complaint and filing the documents. They will make sure that procedures are followed and deadlines are respected.
- Representation at hearings and negotiations: Your lawyer will represent you in court at every stage to defend your interests. Your attorney can also engage in out-of-court negotiations to seek a fair settlement, where possible.
- Negotiating compensation: Your lawyer will help you determine the amount of compensation you are entitled to, based on the damages you have suffered. They will negotiate with the opposing party to obtain compensation that is appropriate for the harm you have suffered.
By calling on the services of a medical liability lawyer, you can gain a clearer understanding of your rights, obtain the compensation you deserve, and benefit from expert guidance throughout the legal process.
Why call on Medlégal's dental malpractice lawyers?
By choosing Medlégal to represent you in a dental malpractice case, you’re selecting a team of highly skilled and experienced attorneys who specialize in this area of law. Our experts will offer you :
- Expertise in health law: We have in-depth knowledge of the laws and regulations governing medical liability and dental malpractice law.
- Personalized approach: Every case is unique. We will carefully analyze your case and develop a customized strategy to maximize your chances of obtaining compensation.
- Proven results: We've helped many victims of medical errors obtain compensation through the courts. Our results speak for themselves.
- Comprehensive support: From the initial consultation to the conclusion of the case, we’ll be at your side every step of the way to make sure you feel supported and well-informed.
- Respecting deadlines: We make sure that all procedures are carried out within the prescribed deadlines so you can claim what you deserve.
At Medlégal, we make every reasonable effort to defend your interests and assert your rights in court. We understand the impact a medical error can have on your life, and we are dedicated to seeking the justice and compensation you rightfully deserve.
Whether you have doubts or you are certain that you have been the victim of dental malpractice, consulting a lawyer will help. We’re here to provide the legal counsel you need so you can obtain compensation for the harm caused by your dentist.