Open Wide: Legal Options if You’ve Been Affected by Dental Malpractice in Florida

Dental care is essential for overall health, but dental negligence can have serious and long-lasting consequences. Dental malpractice occurs when a dentist or oral health professional fails to meet the standard of care, resulting in injury or harm to the patient.

Common Dental Malpractice Injuries

Some of the most common dental malpractice injuries include:

1. Nerve Damage: Improper extractions, injections or implant procedures can damage the lingual or alveolar nerves, leading to permanent numbness or chronic pain.
2. Failed Implants: Misplaced or poorly executed dental implants can lead to severe complications, requiring corrective surgeries or permanent damage to the bone structure.
3. Wrongful Tooth Extraction: Extracting the wrong tooth or performing unnecessary extractions can cause significant harm and further dental issues.
4. Anesthesia Errors: Administering the wrong dosage or failing to monitor a patient under anesthesia can result in severe injuries, including brain damage or death.
5. Failure to Diagnose Oral Diseases: Dentists may fail to detect serious conditions like oral cancer or periodontal disease, leading to the progression of the illness and more severe health problems.
6. Infections Due to Poor Sterilization: Failing to properly sterilize instruments can result in infections or transmission of diseases such as hepatitis or HIV.

These injuries can devastate a patient’s health, well-being, and quality of life. As a result, victims of dental malpractice may seek legal recourse to recover compensation for their damages.

Legal Recourse for Dental Negligence

In Florida, patients injured through dental negligence can file a dental malpractice lawsuit against the responsible party. To win a dental malpractice case, the plaintiff must prove that the dentist was negligent and that their negligence directly caused the injury.

Florida law requires plaintiffs to demonstrate several elements in a dental malpractice claim:

1. Duty of Care: The dentist had a legal obligation to provide care that met the standard expected of a competent dentist.
2. Breach of Duty: The dentist failed to meet this standard, either through action or inaction.
3. Causation: The dentist’s breach of duty directly caused the patient’s injury.
4. Damages: The patient suffered measurable harm due to the dentist’s negligence, such as medical expenses, pain and suffering, lost wages, or disability.

Victims of dental malpractice in Florida can seek compensation for economic damages (e.g., medical bills, lost wages) and non-economic damages (e.g., pain and suffering, emotional distress). In some cases, punitive damages may be awarded if the defendant’s actions were particularly reckless or egregious.

Statute of Limitations for Dental Malpractice in Florida

In Florida, individuals seeking to file a dental malpractice lawsuit must adhere to specific time limits, known as the statute of limitations. This is the legal deadline by which a claim must be filed, and it varies depending on the type of case. In general, there is a two year statute of limitations for dental malpractice cases. Failing to file within the allotted time and complying with Florida’s complex Medical Malpractice Act may result in losing the right to pursue compensation.

General Time Limit for Dental Malpractice Claims

The statute of limitations for dental malpractice cases in Florida is generally two years from the date the patient knew or should have known that the injury occurred. This time frame begins when the individual either discovers the injury or reasonably should have become aware of the injury caused by the dentist’s negligence.

For example, if complications from a botched root canal are immediately apparent, the clock starts ticking. However, if the injury takes time to manifest (e.g., nerve damage from improper surgery), the two-year period begins when the patient becomes aware of the issue.

The Four-Year Rule

Even if the injury is not discovered immediately, Florida law includes a four-year absolute deadline, also known as a “statute of repose.” This means that no matter when the injury is discovered, a claim must be filed within four years of the negligent act unless there was fraud.

For example, if the dental malpractice occurred on January 1, 2021, but the patient did not discover the injury until 2024, the lawsuit must still be filed by January 1, 2025.

Exceptions to the Statute of Limitations

Exceptions to these rules include:

1. Fraud or Concealment: If the dentist intentionally hides their malpractice or fraudulently conceals the injury, the statute of limitations may be extended to allow the patient more time to file a claim.
2. Minors: The statute of limitations may be extended for minors affected by dental malpractice. In Florida, minors typically have until their 8th birthday to file a claim, regardless of when the injury occurred, although exceptions may apply for more serious injuries.

Work with an Experienced Malpractice Attorney

You have legal options to hold negligent dentists in Florida accountable. Working with an experienced dental malpractice attorney is essential for navigating the complexities of a dental malpractice case and securing the compensation you deserve. Contact us today for a free consultation.