Glenn Mills Dental Malpractice Lawyer

Dentists are expected to provide safe and effective care, but when mistakes occur, the results can be painful and costly. If you’ve suffered due to a dentist’s negligence, Kingbird Legal’s dental malpractice lawyers in Glenn Mills will fight for the compensation you need. Call 484-289-4880 today for a free consultation, and let us help you seek justice.

Can You Seek Compensation for Emotional Distress After a Dental Injury in Pennsylvania?

Dental malpractice can result in serious physical injuries, but the emotional impact of a botched dental procedure can be just as damaging. Patients who experience pain, fear, and distress from dental mistakes may wonder if they can seek compensation for these emotional injuries. In Pennsylvania, emotional distress claims related to dental malpractice are possible, but they come with specific challenges. If you’ve been injured in a dental procedure and are experiencing emotional harm as a result, it’s important to understand your legal options.

What Is Emotional Distress in a Dental Malpractice Case?

Emotional distress refers to the psychological impact that an injury or traumatic event causes. This can include anxiety, depression, fear, humiliation, and other emotional reactions. When someone undergoes a dental procedure that results in harm, the emotional toll can be significant. Patients may experience embarrassment, a loss of self-esteem, or anxiety about their appearance or future dental care.

In a dental malpractice case, emotional distress may arise alongside physical injuries. For example, if a dentist causes permanent damage to a patient’s teeth, the patient may feel embarrassed to smile or interact with others. Likewise, if a patient suffers severe pain or complications after a procedure, they may experience heightened anxiety or fear, leading to lasting emotional distress.

Can You Sue for Emotional Distress After a Dental Injury?

Yes, you can potentially seek compensation for emotional distress in a dental malpractice claim, but there are specific conditions that must be met. Just like physical injuries, emotional harm needs to be proven. Pennsylvania law allows emotional distress damages in some cases, but it’s important to understand the legal requirements and challenges involved.

To successfully pursue an emotional distress claim, a patient must show the following:

Dental Malpractice Occurred: Emotional distress claims related to dental injuries are typically filed as part of a dental malpractice case. This means you must first establish that the dentist or dental professional acted negligently, causing harm. Examples of dental malpractice can include misdiagnosing a condition, performing an unnecessary procedure, or making errors during surgery.
Proof of Emotional Distress: Simply feeling upset or frustrated after a dental procedure is not enough. You must provide evidence that the dental injury caused you significant emotional harm. This can include testimonies from medical professionals, such as a psychologist or therapist, who can confirm the emotional impact of the injury. You may also need to show a change in your quality of life, such as difficulty socializing, engaging in work, or functioning normally due to the distress caused by the injury.
Connection Between the Injury and Emotional Distress: In order to win an emotional distress claim, it must be shown that the emotional harm was directly caused by the dental injury. If the distress is caused by something unrelated, it may be harder to link the emotional damage to the dental procedure.

Types of Emotional Distress in Dental Malpractice Cases

Patients seeking emotional distress damages in a dental malpractice case typically experience two types of distress:

Severe Emotional Distress: This is the most common form of emotional harm in dental malpractice claims. It includes extreme anxiety, depression, humiliation, and fear resulting from the injury. For example, a patient who experiences significant pain, has their smile permanently altered, or faces complications after dental surgery may experience severe emotional distress.
Outrageous Conduct: In some cases, dental malpractice is accompanied by particularly egregious or outrageous behavior. For example, a dentist who intentionally causes harm or acts in a way that is considered morally or ethically unacceptable may lead to a claim for emotional distress based on outrageous conduct. This could involve fraud, deceit, or conduct that shocks the conscience.

The Challenges of Proving Emotional Distress

While it is possible to seek compensation for emotional distress, proving this type of harm can be difficult. Emotional distress claims are subjective, and the courts generally require strong evidence to support your case. To increase your chances of success, it’s important to gather as much evidence as possible, including:

Medical Documentation: Documentation from a therapist, counselor, or psychologist can be crucial in proving the emotional impact of your injury. A professional can provide a diagnosis of anxiety, depression, or post-traumatic stress disorder (PTSD) that was caused by the dental injury.
Personal Testimony: Your own testimony about how the injury has affected your mental health and daily life can be valuable. Describing specific instances of anxiety, depression, or embarrassment can help demonstrate the emotional toll you’ve endured.
Witness Testimony: Friends, family members, or colleagues who have witnessed the change in your behavior or emotional state can provide additional evidence of the impact your injury has had on your life.

The Role of Pain and Suffering in Emotional Distress Claims

In Pennsylvania, pain and suffering damages often encompass both physical and emotional injuries. If you experience severe emotional distress as a result of a dental malpractice injury, this can be considered as part of your overall pain and suffering claim. While emotional distress damages may not always be awarded separately, they can be included in your total compensation.

The amount of pain and suffering damages awarded in dental malpractice cases varies depending on the severity of the emotional distress and the impact it has on your life. In some cases, the financial award may include compensation for therapy costs, lost wages due to an inability to work, and the overall impact of the injury on your well-being.

Seeking Legal Help for Emotional Distress Claims

Pursuing a dental malpractice case involving emotional distress can be complicated. The legal process requires gathering evidence, obtaining expert testimony, and building a strong case to show that the injury caused significant harm. A personal injury lawyer with experience in dental malpractice can help guide you through the process and ensure that you receive the compensation you deserve.

An attorney can help you:

Determine the viability of your claim: A lawyer can review your case and help you understand whether emotional distress damages are possible given the circumstances of your injury.
Gather necessary evidence: Your lawyer can assist in gathering medical records, obtaining expert witness testimony, and collecting other evidence to support your emotional distress claim.
Negotiate with insurance companies: Insurance companies may attempt to downplay emotional distress claims. Having an experienced attorney on your side can help you secure a fair settlement.
Represent you in court: If your case goes to trial, a lawyer can advocate on your behalf and present your emotional distress claim to the jury.

Get Legal Assistance from a Dental Malpractice Attorney

Dental malpractice can cause both physical and emotional harm, and patients who suffer emotional distress as a result of dental injuries may be entitled to compensation. Proving emotional distress in a dental malpractice case requires strong evidence, such as medical documentation, personal testimony, and expert witness support. By seeking the right legal help and building a solid case, you can hold negligent dental professionals accountable for the emotional distress they caused and work toward a fair recovery. Kingbird Legal’s dental malpractice attorneys in Glenn Mills are here to help you seek justice. Call 484-289-4880 today for a free consultation, and let us fight for the compensation you deserve.