July 10, 2025 | Medical Malpractice
Few people enjoy visiting the dentist or an oral surgeon. Unfortunately, some people suffer great pain because their dentist or oral surgeon makes mistakes or errors during their procedure. Patients could sustain permanent impairments and disfigurements because of dental malpractice.
You can sue a dentist or oral surgeon for malpractice in Pennsylvania. Dental malpractice cases are governed by the same procedural laws as medical malpractice. You have the burden of proving that the dentist or oral surgeon committed malpractice to hold them legally responsible for your damages.
What Do I Need To Prove for Dental Malpractice in Kingston, PA?
The legal elements of a dental malpractice lawsuit are the same as in all medical malpractice cases. You must have evidence proving:
- The dentist had a legal duty of care created by the professional relationship between you and the dentist
- The dentist’s actions or omissions failed to meet the standard for dental care, which resulted in a breach of duty
- The dentist’s conduct was the proximate and direct cause of your injuries
- You sustained injuries and financial losses because of the dentist’s negligence
The dental standard of care is based on what a reasonable dentist or oral surgeon would have done under the same circumstances. Dental malpractice lawsuits require qualified dental experts to testify to the standard of care required for a specific situation.
The experts also explain how your provider’s actions deviated and failed to meet the required standard of care.
Examples of Dental Malpractice in Pennsylvania
There are several factors that could provide grounds for a patient to sue their dentist or oral surgeon. All dental professionals are held to a standard of care. If they breach the standard of care, they may face a lawsuit. In some cases, more than one party could share liability for a dental malpractice claim.
Examples of the omissions and errors that may give rise to a dental malpractice claim include, but are not limited to:
- Failing to obtain a patient’s informed consent for a dental treatment or procedure. The dentist must explain the recommended treatment and the risks involved to obtain informed consent.
- Failing to review and consider the patient’s medical history when making decisions regarding dental care.
- Misdiagnosis can result in a patient undergoing unnecessary procedures or failing to receive the correct treatment.
- Failing to diagnose dental conditions, including severe tooth decay, abscesses, periodontal (gum) disease, the need for a root canal or tooth extraction, etc.
- Not referring a patient to an oral surgeon or other specialist to perform complicated procedures in which the dentist has no experience.
- Medication errors, including mistakes in prescribing antibiotics, anesthesia errors, incorrect dosages, etc.
- Dental surgery mistakes, including injuries to the tongue or gums, nerve damage, infection due to improperly sterilized equipment, puncture injuries, etc.
- Failing to provide adequate follow-up care
If you believe your dentist or oral surgeon committed malpractice, seek prompt legal advice from an experienced dental malpractice attorney in Kingston, PA. Seek immediate medical attention if your injuries are severe or require treatment.
What Damages Are Available for a Dental Malpractice Claim?
When you prove liability for dental malpractice, you can seek compensation for your economic and non-economic damages. You could receive compensation for damages, including:
- Past and future medical bills and expenses
- Impairments and disabilities
- Out-of-pocket expenses
- Scarring and disfigurement
- Pain and suffering
- Lost wages and employment benefits
- Diminished earning capacity
- Loss of quality of life and enjoyment of life
- Emotional distress and mental anguish
The value of your damages depends on your injuries, financial losses, and other factors. The dentist may deny liability for the claim. Their malpractice insurance company may try to blame you for the injury or undervalue your damages.
Before you talk with an insurance representative or your dentist, discuss your case with an attorney. An experienced dental malpractice lawyer can help you take steps to protect your rights and build a strong case for maximum compensation for damages.
Protect Your Rights With the Help of a Kingston Dental Malpractice Lawyer
Your time to file a lawsuit against your dentist or oral surgeon is limited by the Pennsylvania statute of limitations. Malpractice claims are complex and require a significant amount of time to prepare. Call Fellerman & Ciarimboli, Law PC for a free consultation to discuss your legal options with a Kingston medical malpractice lawyer.
Contact the Kingston Dental Malpractice Lawyers of Fellerman & Ciarimboli, Law PC for Help Today
For more information, contact Fellerman & Ciarimboli, Law PC to schedule a free consultation with our experienced dental malpractice attorneys. We proudly serve clients in Scranton, Kingston, Honesdale, Berwick, PA, and Columbia, Lackawanna, Luzerne, and Wayne Counties. We’re here to fight for your rights with trusted, experienced legal support. Let us help you get the justice and compensation you deserve.
Fellerman & Ciarimboli, Law PC Scranton
436 Spruce St Suite 100, Scranton, PA 18503
(570) 714-4878
Fellerman & Ciarimboli, Law PC Kingston
183 Market St #200, Kingston, PA 18704
(570) 714-4878
Fellerman & Ciarimboli, Law PC Honesdale
520 Main St, Honesdale, PA 18431
(570) 714-4878
Fellerman & Ciarimboli, Law PC Berwick
120 W Front St, Berwick, PA 18603
(570) 714-4878
