Sommers Schwartz is a powerhouse litigation firm that has recovered more than one billion dollars for our clients. When your future is on the line, our team will fight for you.

Clients say it best

I couldn’t have asked for better representation and counsel...

Attorney
Referrals

We can tackle some of the most complex matters in the litigation world.

Results

Year after year, our team delivers unmatched results for our clients.

Michigan Dental Malpractice Attorneys

Dental medicine is constantly evolving, and scientific advances have increased treatment standards. General dentists perform more difficult specialty services than in the past. As a result, there is a greater likelihood of unsatisfactory patient outcomes due to dental negligence. Patients who have suffered injuries or damages because of a negligent dentist should consult with one of the experienced Michigan dental malpractice attorneys at Sommers Schwartz.

Sommers Schwartz, P.C. is a powerhouse litigation firm focused on obtaining meaningful compensation for injured patients. We have more than 45 years of hands-on experience investigating, negotiating, and litigating dental malpractice claims, and we know what it takes to obtain the best results for our clients. 

Elements of a Michigan Dental Malpractice Lawsuit 

Patients who have suffered injuries because of a negligent dentist, oral surgeon, endodontist, or other dental professionals must establish the following to prove a dental negligence case:

  • The existence of a dentist-patient relationship.
  • The relevant standard of medical care.
  • How the professional breached the standard of care.
  • The patient suffered injuries and actual damages because of the professional’s negligence. 

A Michigan dental malpractice attorney can help patients understand their rights and pursue compensation for a dental injury. 

Dentists’ Duty of Care in Michigan 

Like other healthcare professionals, dentists must provide their patients with a certain level of skill, expertise, and care. Patients trust their dentist has the professional training and expertise to assess their treatment needs properly. Dentists who breach this standard of care may be held liable for any damages resulting from their negligence. 

In Michigan, a judge or jury will consider the degree of care, skill, and diligence they expect a reasonably competent dentist to use under the same or similar conditions. Some circumstances courts review in setting this standard are:

  • The type of dentistry the dentist practices.
  • The accepted practices of other dentists in the area.
  • The facilities available at the time in the area.

Dentists have a special relationship with patients under the law. They must uphold their commitment to providing a high level of care and meeting professional conduct standards. Moreover, they should not raise unrealistic expectations or ignore potential risk factors

A Dentist’s Duty to Warn 

A dentist’s ethical duties include the duty to warn and advise. Dentists must effectively communicate and ensure their patients understand information relevant to their care, such as:

  • Providing reliable diagnosis and health warnings.
  • Securing informed consent from the patient.
  • Informing patients of the side effects of any treatment or procedure.

Dentists must uphold the same commitments and fulfill the same obligations as other healthcare providers have to their patients. 

Breach of Dental Duty of Care

Patients who wish to pursue a claim for damages against a dental professional must establish 1) that the dentist breached the duty of care they owed to the patient and 2) that the breach was the actual or proximate cause of the patient’s damages.

Some common examples of dental malpractice include: 

  • Injuries from wisdom tooth extractions.
  • Failure to diagnose oral or tongue cancer.
  • Root canal procedure injuries.
  • Errors in filling cavities or placing crowns and bridges.
  • Negligence in placing dental implants or veneers.
  • Extraction of the incorrect tooth.
  • Failure to treat infections or prescribe medication.
  • Sexual or physical abuse by the dentist. 
  • Failure to refer to a specialist. 

Incidents of dental malpractice can cause severe and long-lasting injuries. Victims of dental malpractice should contact a personal injury lawyer as soon as possible. The law limits the time an injured patient has to pursue a claim; failing to file a timely action may result in losing the ability to recover. 

Dental Malpractice Injuries

Injuries caused by dental malpractice can have life-changing effects. Some examples of injuries stemming from dental malpractice include:

  • Injuries to facial nerves.
  • Numbness, tingling, and loss of sensation or taste.
  • Infections.
  • Temporal mandibular joint syndrome (TMJ).
  • Fractured bones in the jaw and face.
  • Permanent loss of teeth.
  • Severe pain. 
  • Wrongful death. 

Patients have justifiably high expectations for their dental care. Moreover, the rise in aesthetic dentistry has changed some aspects of the relationships between dentists and patients. This shift from a purely professional to an increasingly commercial relationship has led to more complex medical malpractice suits against dental care providers.

Proving a Dental Negligence Claim 

Once they establish the relevant duty of care and a breach of that duty, patients must prove a dental professional’s conduct was the actual or proximate cause of their harm. They must present evidence establishing a causal connection between the injury and negligent care. The central question is whether the injury would have occurred if the breach of care did not happen. If the answer is no, a viable claim for damages may not exist. 

It is important to note that an injury does not automatically mean someone was negligent. Dental malpractice cases require significant evidentiary support. Relevant evidence in a Michigan dental malpractice suit may include:

  • Copies of any communication between the patient and the dental practice.
  • Medical records substantiating the patient’s injury.
  • Photographs documenting the patient’s injuries and effects.
  • Statements from family members or friends present at the procedure or witnessed the impact of the injury.
  • Expert testimony from similarly situated dental professionals.
  • Employment records establishing lost time from work. 

Proving damages in a dental negligence claim can be challenging. Individuals who believe their injuries resulted from dental malpractice should consult with an attorney who can help them gather relevant evidence and present a compelling case for compensation. 

Recoverable Damages After a Successful Dental Negligence Claim 

In Michigan, two primary types of compensation are available to dental malpractice claimants: economic and non-economic damages. 

Economic damages are quantifiable damages like payments for emergency medical treatment, medical expenses, medication, transportation costs, lost wages, and other financial losses resulting from negligence. 

Non-economic damages are more subjective losses related to emotional, physical, and mental distress the patient experienced because of the provider’s negligence. These are more difficult to quantify but can be significant and substantial.

Courts consider many factors when determining how much compensation to award. Some relevant factors include: 

  • The duration and severity of the patient’s injury.
  • The costs associated with treating the injury. 
  • The amount of income the patient lost because of the injury.
  • Whether the injury resulted in any permanent disfigurement.

An experienced attorney can help an injured patient accurately convey the toll the negligence took on the person’s day-to-day life, appropriately assign value to their claim, and pursue the compensation they deserve.

Other Liable Parties in Dental Malpractice Lawsuit

While most dental malpractice cases involve a negligent dentist, some involve negligent hygienists or assistants. Dental hygienists may be liable for:

  • Disclosing protected patient information.
  • Acting outside the scope of their duties.
  • Failing to uphold relevant standards of care.
  • Failing to properly document treatment or care.
  • Incorrectly coding procedures (resulting in denial of insurance coverage).  

Other parties that may be responsible include:

  • Staff members employed at the dental practice.
  • The designer, manufacturer, or distributor of defective or dangerous equipment or devices. 

An experienced Michigan dental malpractice attorney can help injured patients identify all potentially liable parties. 

Defenses to Dental Malpractice Cases

Accidents are inevitable, and not all adverse outcomes are preventable. However, patient care should be a dentist’s highest priority. Medical professionals may prioritize their reputation and financial standing when facing a dental malpractice claim rather than admitting negligence. 

Dental professionals may raise various theories to defend against negligence claims. Patients should be aware of these possible defenses so they are prepared to challenge them appropriately. Dentists may attempt to deny responsibility for a patient’s loss by:

  • Providing documentation of informed consent.
  • Presenting conflicting expert testimony.
  • Disputing the extent and severity of injuries.
  • Trying to disprove the causal connection between the injury and alleged conduct.
  • Using comparative negligence to reduce the amount of a patient’s claimed pain and suffering damages. 

A dentist’s legal team may contend that the dentist’s care met the expected standard of care. Refuting this defense requires skillful analysis and knowledgeable presentation of expert witnesses. A dedicated Michigan dental malpractice lawyer can connect patients with reputable experts to substantiate their claims. 

Frequently Asked Questions

Michigan Dental Malpractice Attorneys at Sommers Schwartz

If you or a loved one suffered an injury due to dental malpractice, reach out to one of the experienced dental malpractice attorneys at Sommers Schwartz, P.C. Our lawyers have decades of experience aggressively pursuing compensation on behalf of individuals who suffered at the hands of negligent medical professionals, including dentists and oral surgeons. 

We offer all prospective clients a free consultation, during which we will explain the legal process, answer your questions, and discuss how we can help you recover the compensation you need, deserve, and are entitled to by law. To learn more about bringing a Michigan dental malpractice lawsuit, call Sommers Schwartz, P.C. at (800) 783-0989 or use our online contact form.

A Trusted Authority

Our attorneys have been featured on local and national media outlets, including:

sommers-media-compressor

A Client With a Wrongful Death Case

My family and I would like to thank Matt Turner, Mickey McCullough, Janice Koehler, and your entire law firm for your dedication to my wife’s wrongful death case. We realize that we had the best law firm to successfully help us. We appreciate the obviously hard work and the efforts…

Praise for Albert Asciutto

Shout out to Albert Asciutto for being a fantastic attorney & walking me through the entire process of fighting for my wages! He made the process quick and easy. In the end we won the case!! Thank you again for taking my case on, you are awesome! I would absolutely…

Praise for Jesse Young and Alana Karbal

Alana Karbal and Jesse Young did an excellent job fighting a giant for my wages. They pushed me to get what they needed from me and were amazing at communicating with me at all times. I won my arbitration and was so excited when I got more than what I…

Praise for Wage & Overtime Pay Attorney Jesse Young

Jesse Young worked an employment case for me that ended with almost 700 people getting their unpaid wages back. He and his team are incredible. From the first communication to the last, they never missed a single beat – consistent and clear communication, quickly replying to my communication, and always making…

A Client’s Gratitude for Tad Roumayah

Tad, I want to express my sincere gratitude for your unrelenting advocacy on my behalf throughout this process. It’s a shame that this sort of thing is still happening to new moms in 2023 and at an institution that prides itself on diversity, equity, and inclusion, no less. Knowing there…

Comments about Matthew Curtis from an Appreciative Client

Your efforts have changed my life, Matt. I’m forever grateful. My wife has tons of upcoming medical expenses, and we had both been working hard to make ends meet. I can’t thank you and your staff enough.

Praise for Lisa Esser-Weidenfeller and Matthew Curtis

I am writing to express my sincere gratitude for your hard work and dedication in handling my case. I appreciate your professionalism, your compassion, and your perseverance throughout this challenging process. You have gone above and beyond to protect my rights, to defend my interests, and to secure a favorable…

A Client Talks about Andy Dragovic

My wife had an accident, tripping over a cable line that wasn’t buried. Andy represented us and were very pleased with the outcome. Andy was very professional, personable, and quick to respond to us, answering any of our questions or concerns. The whole firm was responsive to our concerns, and…

Our Clients Say It Best

googlereviews
70 5-star reviews on Google