Published on:

The 2 Major Causes of Georgia Dental Malpractice

As a Plaintiff Georgia Dental Malpractice Lawyer, I am approached by many potential clients who believe that they may be the victim of dental negligence. Even though many of these cases involve serious (and often devastating) injuries, at the end of the day I turn down many more cases than I take. In fact, the vast majority of cases that are presented to us are turned down. The primary reason: although there is a severe injury, there is little indication based on what is told to me, that the injury was caused by malpractice.

Of the instances of malpractice that we do see, all of the malpractice that occurs in Georgia stem from 2 reasons: (1) A dentist does not possess a reasonable degree of education, training and skill to act prudently; or (2) despite reasonable education and training the dentist acts with unreasonable carelessness or fails to act as a reasonable and prudent dentist would under the circumstances.

While this observation on my part may be simple it is certainly not meant to be simplistic. While dental malpractice occurs in all types of ways (many of which are very complicated), there is little doubt to me that the main reason that the malpractice takes place is one of the two I just mentioned.

The standard of care is a high one and an expert must, upon reviewing the case materials, and based upon the facts of the case, their education, training and experience in the dental profession, and their knowledge of the standards of care, skill and diligence exercised and required of by the dental profession and dentists generally in the United States in treating patients with the conditions of the plaintiff, render an opinion that the defendant dentist failed to exercise the degree of skill, care, and diligence in treating the plaintiff that is ordinarily exercised by dentists and the dental profession in the United States generally under similar circumstances and like surrounding conditions, and, as the direct and proximate result of such failure, the plaintiff was damaged and injured. Without this testimony from a competent dental expert, there cannot be a lawsuit for dental negligence in Georgia.

The upside to the sheer number of cases that we reject is that we are able to devote a tremendous amount of attorney time, money and firm resources into the cases that I do take on. This does make a difference.

Attorney Robert J. Fleming has been handling wrongful death cases, personal injury cases, dental malpractice and medical malpractice lawsuits for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of another for more than 20 years in and around Atlanta, Georgia and its surrounding areas, including Alpharetta, Austell, Avondale Estates, Chamblee, College Park, Conyers, Duluth, Decatur, Doraville, Hapeville, Johns Creek, Jonesboro, Lawrenceville, Norcross, Peachtree City, Riverdale, Roswell, Sandy Springs, Stone Mountain, and Smyrna. If you have been seriously injured and would like quality legal representation, contact Robert J. Fleming directly on (404) 525-5150 or contact us online.