Dental Malpractice
Attorneys in the South Bay Law Offices of Vernon C. Krol & Ronald C. Koerner have an outstanding track record for successfully representing victims of dental malpractice in Los Angeles and throughout Southern California. Our attorneys have particular expertise in the area of dental malpractice; attorney Vernon C. Krol was instrumental in securing the largest dental malpractice verdict in history.
Duty of Care
Dentists have a duty of care to treat their patients with the degree of knowledge and skill possessed by a reasonably well-educated and well-trained dentist. Specialists, such as orthodontists, periodontists, and oral surgeons, are held to the standard of care required of other specialists in their given field. Malpractice occurs when a dentist or specialist breaches or fails to meet the required standard of care, resulting in an injury to the patient.
Actions providing the basis for a dental malpractice claim include:
- Crafting a defective oral device, such as a bridge or dentures
- Damaging a nerve during oral surgery or other treatment
- Failure to diagnose oral cancer or periodontal disease
- Failure to treat or unreasonable delay in performing treatment
- Failing to obtain a complete medical history
- Improperly administering anesthesia
- Unnecessarily extracting teeth, or extracting the wrong teeth
- Infection to teeth, gums, or jaw from improper treatment
- Failing to obtain informed consent before treating
Damages
Damages available in dental malpractice claims include medical expenses incurred to fix the problem created by the malpractice, lost wages when the plaintiff misses work as a result of the malpractice, and non-economic damages such as pain and suffering. Punitive damages may be sought in certain circumstances, when the defendant's actions were wanton or reckless.
California Civil Code Section 3333.2 limits non-economic damages in a medical malpractice or dental malpractice cases to less than $250,000.
Statute of Limitations
Ordinarily, a personal injury lawsuit must be brought within two years from the date of injury. But in medical or dental malpractice cases, the injury is not always immediately apparent and may take years to surface. Therefore, the statute of limitations in medical or dental malpractice cases is three years from the date of injury or one year from the date the negligence is discovered, whichever occurs earlier.
In instances where the malpractice was a foreign object left in the patient's body, the time does not begin to run until the plaintiff discovers or should have discovered the malpractice. Foreign objects left in the body may seem rare in dental malpractice, but include situations such as where a piece of a drill bit breaks off and lodges in a tooth, causing future problems that are not immediately noticeable.
Because of the special circumstances surrounding the statute of limitations in malpractice cases, it is important to contact an attorney as soon as you believe you were injured in order to protect your rights.
Seek Experienced Legal Counsel
Dentist malpractice cases require specialized knowledge, and representation by an experienced attorney is critical to the success of your case. Vernon C. Krol and Ronald C. Koerner have nearly 60 years of combined experience in personal injury law, including dental malpractice. Attorney Vernon C. Krol was instrumental in securing the largest dental malpractice verdict in history. If you believe you have been seriously injured or permanently damaged at the hands of a dentist, oral surgeon or other medical professional, contact the Law Offices of Vernon C. Krol & Ronald C. Koerner for a consultation.
