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You went to a dentist to fix a problem, but something went wrong, so you may now need additional treatment and want to know whether the dentist can be held responsible. If negligent dental care caused your injury, you may be able to pursue a dental malpractice claim. In Maryland, that process generally begins with a malpractice filing and a qualified expert review before the case can proceed in court.
The Law Offices of Fred B. Goldberg, PC represents people injured by dental malpractice in Maryland and Washington, D.C. The firm can evaluate the dental treatment and resulting injury, determine whether the facts may support a claim, and guide you through the required filing process. If you suspect a dentist's treatment caused lasting harm, consider having the circumstances reviewed before taking legal action on your own.
A poor result from dental treatment does not automatically establish malpractice. A viable claim generally requires evidence that the dentist failed to meet the applicable standard of care and that this failure caused an injury.
That distinction matters when deciding whether to pursue a lawsuit. Continued pain after an extraction, for example, may warrant investigation, but the outcome alone does not establish that the dentist acted negligently. Treatment records, details about the procedure performed, what happened afterward, and the nature of the injury can help determine whether the care should be examined further.
Dental records may include X-rays, treatment plans, procedure notes, consent documents, referrals, prescriptions, and follow-up records. Records from another dentist who treated the resulting problem may also help establish what happened after the original procedure.
Many dental malpractice claims require expert analysis of whether the treatment met the applicable standard of care. In Maryland, you may also need expert involvement to pursue a claim.
Unless lack of informed consent is the sole issue, Maryland law generally requires a claimant to file a certificate from a qualified expert stating that the care departed from applicable standards and that the departure caused the alleged injury. The certificate generally must be filed within 90 days after the complaint, although the law provides for extensions in certain circumstances.
In practical terms, a potential dental malpractice case should be evaluated with enough time to obtain an appropriate professional review, rather than waiting until a filing deadline approaches.
A Maryland health care malpractice claim generally starts with the Health Care Alternative Dispute Resolution Office (HCADRO). You do not ordinarily begin by simply filing a dental malpractice lawsuit directly in Circuit Court.
The initial claim identifies the health care provider and the alleged injury. You must then address the qualified expert certificate and report as required by Maryland law. Maryland's process also provides a mechanism to waive arbitration and proceed to Circuit Court once you meet the applicable requirements.
If you are considering a dental malpractice claim, understanding this sequence can help you avoid treating the case like an ordinary negligence lawsuit.
Proving what happened may require several kinds of evidence rather than a single dental record. The goal is to connect the treatment provided, the alleged mistake, and the resulting injury.
Depending on the case, relevant evidence may include X-rays and other imaging, treatment notes, photographs, communications with the dental office, and records of corrective treatment. Expert analysis may help explain what the dentist should have done differently and how that failure caused harm.
A clear timeline can also be useful. Recording when the original treatment occurred, when symptoms appeared, when you returned to the dentist, and when you sought corrective care can help organize events that may span weeks or months.
Maryland imposes specific deadlines on malpractice actions against health care providers. Generally, the claim must be filed by the earlier of two dates: five years from the date the injury was committed, or three years from the date the injury was discovered.
The Maryland statute also treats a properly filed HCADRO claim as the filing of an action for purposes of this limitations rule. Other statutory provisions can affect the calculation in particular circumstances.
The practical point is simple: do not assume that three years from the date of discovering the injury will always be the controlling deadline. The five-year limit may expire first, and the facts can affect when these periods begin to run.
Completing the initial HCADRO filing does not by itself put the dental malpractice lawsuit before a court. The required certificate and report must be filed, and Maryland law provides procedures to waive arbitration before the case proceeds in Circuit Court.
Once the case moves forward, the dentist may dispute whether the treatment fell below the standard of care, whether the treatment caused your injury, or both. The evidence developed earlier in the claim can therefore become central to the litigation.
The parties may also explore settlement rather than proceeding to trial. Whether settlement is appropriate depends on the evidence, the disputed issues, the injuries, and the proposed terms.
Attorney Fred B. Goldberg has practiced law for more than 45 years and has a lifelong connection to dentistry, as the son of a dentist and a dental assistant. That background gives him familiarity with the dental terminology and procedures that may be relevant to evaluating your malpractice claim.
The Law Offices of Fred B. Goldberg, PC reviews dental records and X-rays and consults with dental specialists when additional expertise is needed. The firm represents clients in dental malpractice matters throughout Maryland and Washington, D.C.
If you believe negligent dental care caused your injury, contact the firm to discuss your Maryland dental malpractice claim and the steps involved in filing it.
You went to a dentist to fix a problem. Now you may need additional treatment because something went wrong, and you want to know whether the dentist can be held responsible. If negligent dental care caused your injury, you may be able to pursue a dental malpractice claim.
Dental malpractice can cause significant harm, whether it's due to a misdiagnosis, improper treatment, or negligence during a procedure. If you’ve experienced this in Maryland or Washington, D.C., understanding how to report dental malpractice and the steps involved can protect your rights.
At The Law Offices of Fred B. Goldberg located in Columbia, Maryland, the firm understands the intricacies and challenges that come with pursuing a dental malpractice lawsuit. Dental malpractice cases can be difficult to manage, often involving intricate medical details and personalized legal guidance.
