While three of the top dental injuries are toothache, jaw pain and broken teeth, the most prevalent injuries from dental procedures or dental malpractice in Georgia are quite different. Among the most common injuries from dental procedures are a numb tongue, numb chin, numb lip and teeth, and nerve injuries of the face, jaw and tongue. While this may be stating the obvious, to pursue a dental malpractice claim in Georgia, the plaintiff must prove: (1) that she sustained and injury from a dental procedure; and (2) that the injury was caused by negligence on the part of the dentist during the performance of a dental procedure such as a root canal or dental implant. In other words, it is not enough that there is an injury, but rather the plaintiff must prove that the injury was caused by malpractice.
Basic dental malpractrice law requires that the Plaintiff establish duty, breach and causition. Put another way, tin order to prove her case, the Plaintiff in Georgia must prove that there was a dentist/patient relationship, that the dentist had a duty of care to perfrom the procedure in a competent manner, the dentist breached that duty, and that the breach of the standard of care caused the injuries that the Plaintiff is complaining of in the lawsuit. Some of these necessary requirements are satisfied by expert testimony in the form of an affidavit that is attached to the complaint when it is filed with the court. That is why it is essential to retireve Plaintiff’s records from the defendant, as well as all subsequent treating providers such as dentists, doctors, hospitals and pain doctors.
Elements of damages can include, but are not limited to, past lost earnings, future lost earnings, a decreased ability to labor, disfugrement, physical or mental impairment pain and suffering, past medical bills, future medical bills and other damages. These types of damages are proven with documentary evidence, as well as testimony and opinions from dentists, doctors and lay witnesses in order to fill in the gaps and provide a complete picture to the jury.
Robert J. Fleming is a partner in the law firm of Katz Wright & Fleming, LLC in Atlanta, Georgia and Decatur, Georgia. He is a personal injury attorney who has been handling wrongful death, dental malpractice, professional negligence, car accidents and premises injury cases for individuals and families who have been severely injured or died as a result of negligence since 1995. He practices in the metropolitan Atlanta area including the city of Decatur, Fulton, DeKalb, Clayton, Gwinnett, and Cobb counties in Georgia. He has successfully handled many high-value dental malpractice case. We invite you to view our “Results” page to see the types of dental malpractice case we have handled in the past. While past performance is not a guarantee of future success, we stand ready to help your or your loved ones naviage this tough time. If you or a family member has been seriously injured by a dentist and would like to discuss your case in complete confidence to see if there may be a claim for dental malpractice, contact Robert J. Fleming directly on (404) 525-5150 or contact us online. We are here to help.