Licensed medical professionals have a responsibility to provide proper care to patients. They can be held legally liable for malpractice if a patient is harmed because of substandard care. Notably, dentists are licensed medical professionals in Illinois. They can be held liable for malpractice. In fact, the USC Center for Health Journalism reports that 1 in 7 malpractice claims in the United States is brought against a dentist and/or dental practice.
If you were the victim of medical malpractice by a dentist, it is imperative that you are able to get justice, accountability, and the financial support that you need to pay your bills. At Kennedy Watkins LLC, we have the knowledge and expertise needed to take on dental malpractice cases. Within this article, our Chicago medical malpractice attorney provides a comprehensive overview of dental malpractice claims in Illinois.
An Overview of the Most Common Examples of Dental Malpractice
When you get dental treatment, you have the fair and reasonable expectation that you will receive high quality care. Dental malpractice occurs when a dentist fails to provide the standard of care that a reasonably competent dentist would under similar circumstances, leading to harm or injury to the patient. Some of the most common examples of dental malpractice in Chicago include:
- Diagnostic Errors: It could be an incorrect diagnosis or a misdiagnosis. These occur when a dentist fails to correctly diagnose a dental condition or misdiagnoses a condition altogether, leading to inappropriate or delayed treatment.
- Improper Treatment: Improper treatment can involve performing unnecessary procedures or using incorrect techniques that do not align with the accepted dental practices. For instance, a dentist might improperly place a crown or filling, leading to further decay
- Surgical Errors: These are mistakes made during dental surgeries, such as incorrect incisions, nerve damage during extractions, or improper administration of anesthesia, all of which can lead to severe pain, prolonged recovery, or even permanent damage.
- Lack of Informed Consent: Dentists are required to inform their patients about the risks and alternatives of a proposed treatment. Failure to obtain informed consent before proceeding with a treatment.
Know the Elements of a Dental Malpractice Claim in Illinois
It is important to emphasize that a bad outcome from dental care in Chicago is not automatically medical malpractice as a matter of law. Instead, you need to prove that you suffered harm because the dentist or dental practice failed to provide proper treatment. Here are three required elements of a dental malpractice claim in Illinois:
- Dentist-Patient Relationship: The foundation of any dental malpractice claim is establishing a formal dentist-patient relationship. The relationship confirms that the dentist agreed to diagnose or treat the patient—and thereby accept the responsibility to deliver care. It is crucial because it establishes the duty of care owed to the patient.
- Substandard Care (Negligence): The claim must demonstrate that the care provided fell below the acceptable standard. In dental practice, this means the dentist’s actions or inactions were not aligned with what a reasonably competent dentist would have done under similar circumstances. A thorough investigation is a must.
- Patient Harm (Caused By Negligence): It is not enough to show that the dentist was negligent—the negligence must have directly caused harm to the patient. The harm can manifest as physical pain, further dental issues, additional medical expenses, loss of earnings, or even emotional trauma. Causation is key to establishing liability.
Medical Malpractice Law in Illinois
Medical malpractice cases, including dental negligence claims, fall under state law. If you are preparing to bring a dental malpractice lawsuit in Illinois, you should be aware of the following two key legal points:
- Affidavit of Merit Required to Pursue Claim: In Illinois, pursuing a medical malpractice claim requires submitting an Affidavit of Merit. The affidavit must be signed by a qualified health professional who attests that the claim has merit. A Chicago medical malpractice lawyer can help you connect with the right expert for your case.
- Two-Year Statute of Limitations (Four Year Maximum): Deadlines matter. Illinois imposes a two-year statute of limitations for filing medical malpractice lawsuits, including for dental malpractice claims. However, the statute of limitations can be extended to two years (a four year maximum) if the injury was not immediately discoverable.
Dental Malpractice Victims Deserve Full and Fair Financial Compensation
Were you the victim of dental malpractice in Illinois? You have the right to seek compensation for the full extent of your losses, including intangible damages. Unfortunately, medical malpractice insurance companies can be extremely aggressive. Our Chicago dental malpractice lawyers can help you secure the maximum recovery. Your settlement or verdict may include:
- Ambulance transportation costs and emergency room treatment;
- Hospital bills and other health care costs;
- Additional dental care services;
- Physical disability and other rehabilitative support;
- Loss of wages and loss of long-term earning power;
- Pain and suffering & mental trauma;
- Disability or physical suffering; and
- Wrongful death of a family member.
The Premier Law Firm to Rely On for Medical Malpractice Cases in Chicago
Dental malpractice claims can be exceptionally challenging. They are complex, highly technical legal matters. You need a top-tier advocate on your side. At Kennedy Watkins LLC, our team of Chicago attorneys know the ins and outs of medical malpractice law in Illinois, including for dental malpractice claims. With a proven record of verdicts and settlements and a committed to personalized representation, you can trust our Chicago malpractice attorneys when it matters.
Get Help From Our Chicago, IL Medical Malpractice Lawyer Today
At Kennedy Watkins LLC, our Chicago medical malpractice lawyers have the skills and experience to handle claims against dentists and dental practices. If you or your family member was the victim of dental malpractice, we can help. Give us a phone call now or get in touch with us online to set up your free initial consultation. With a law office in Chicago, we handle medical malpractice cases throughout the region, including in Cook County, Lake County, Will County, and DuPage County.