Dentists provide dental treatment to improve your oral health, but mistakes during treatment can sometimes cause serious injuries. If your dentist failed to meet the required standard of care, you may be able to file a malpractice lawsuit in Florida.
Proving dental malpractice and recovering damages in Florida
For a dental malpractice case to be successful, you must prove certain elements. First, you must show that you had a professional relationship with the dentist. Second, you must show that the treatment fell below the standard expected of a reasonably careful dentist. Third, you must show that the dentist’s negligence caused or contributed to your injury. This is true even if you had an existing dental condition — you may still have a claim if the dentist’s negligence made that condition worse. Fourth, you must show that you suffered damages as a result.
Damages in a dental malpractice case generally fall into two categories: economic damages and non economic damages. These may include:
- Economic damages: These are expenses that you can easily convert into numbers. This includes the costs of repairing the damage, such as follow-up surgeries, dental restoration, as well as prescription medication and lost earnings from being unable to work during the recovery period. Since these items relate to bills, receipt and wage payments, this part of the claim is the easiest to estimate.
- Non economic damages: These cover intangible losses resulting from the injury and can be more difficult to quantify. They may include physical pain from the injury or treatment, emotional distress such as anxiety or depression, loss of enjoyment of daily activities such as eating or speaking, and scarring or disfigurement. Because these losses are subjective, their value depends primarily on the severity and duration of the injury, as well as supporting medical documentation and testimony.
Proving these elements alone does not guarantee compensation. Florida also imposes procedural requirements before you can file suit.
Seeking legal guidance
Compiling expert testimony, medical records and other evidence takes time and legal knowledge. An experienced professional malpractice attorney can assess your claim, determine whether the care fell below the required standard and help you pursue compensation if the law supports it.