Illinois Dental Malpractice Wrongful Death Lawyers
Dentists are medical professionals legally required to provide care that meet the accepted standard of care. They may be held accountable for dental malpractice when they fail to meet this professional standard and cause harm to their patients. Dental malpractice can result in serious harm and even fatalities to some patients. If your loved one has passed away due to a preventable dental error or botched dental procedure, you deserve compassion and answers as to what happened. You may have the right to file a wrongful death claim and demand compensation for your financial losses and emotional suffering.
Salvi, Schostok & Pritchard has over 40 years of experience helping the families of wrongful death victims seek justice for the loss of their loved ones. Dental malpractice should never happen, and you deserve restitution for the negligent actions that led to the death of your loved one. Unfortunately, we cannot turn back the clock and undo your pain and anguish, but our compassionate attorneys can help you seek financial stability after your devastating loss. Our attorneys have recovered over 350 verdicts and settlements of $1 million or more, including the highest compensatory verdict award for an individual plaintiff in Illinois history.
Contact us today to speak to a dental malpractice wrongful death attorney in Chicago about how we can pursue justice and obtain full and fair compensation on behalf of your loved one.
What Qualifies as Fatal Dental Malpractice in Illinois?
Fatal dental malpractice is any error in the healthcare provider’s delivery of dental medicine that directly or indirectly causes death. Most commonly, fatal dental errors occur when a dental professional acts negligently and fails to adhere to accepted standards of care. Dentists, dental hygienists, dental assistants, dental anesthesiologists, and oral surgeons can all make errors that result in fatal harm to a patient.
All medical care carries risk, and dental care is no exception. Even if a dental professional takes every precaution, errors can still cause harm. A fatal dental malpractice lawsuit focuses on avoidable dental mistakes in which a dental professional displayed a serious lapse in judgment and violated the medical standard of care.
There are several reasons dental malpractice occurs, including:
- Insufficient training
- Inexperience
- Distractions
- Drug or alcohol use
- Unsanitary conditions
- Understaffing
- Administrative and clerical errors
If someone has died from dental malpractice, the dental professional or dental surgical center that is responsible may be subject to a wrongful death lawsuit. In a wrongful death lawsuit, the deceased’s survivors can demand to be financially compensated for the losses they have suffered, such as a loss of financial support or emotional suffering.
Common Examples of Dental Errors Leading to Wrongful Death
Although fatal dental errors are relatively uncommon, they do happen. Causes of fatal dental malpractice include:
- Anesthesia errors: Errors in the administration of anesthesia are one of the most common types of fatal dental errors. They occur when anesthesiologists administer improper amounts of drugs during procedures and surgeries. They can also occur due to the failure to take a patient’s medical history, which can result in an adverse reaction to anesthesia. Anesthesia errors can suppress breathing and contribute to circulatory system failure, leading to death.
- Infections: Infections are another common contributor to dental malpractice death. For instance, an infection caused by bone fragments after a botched root canal or extraction procedure can enter the bloodstream, causing sepsis and organ failure. An infection may occur due to the improper sterilization of all dental tools. Dental infections may also contribute to fatal heart disease.
- Failure to diagnose: Dental professionals can also commit malpractice if they negligently fail to diagnose a dental issue. For instance, a dentist who misses obvious signs of oral cancer can be liable for a wrongful death if the cancer spreads and becomes terminal.
- Allergic reactions: Allergic reactions are another contributor to fatal dental malpractice. Allergic reactions can cause anaphylaxis that constricts the airway, leading to suffocation.
Liability for a fatal dental error can rest on the dentist, dental technician, or dental facility. An experienced dental malpractice lawyer can identify all liable parties and pursue financial compensation for your losses.
Who Can File a Dental Malpractice Wrongful Death Lawsuit in Illinois?
According to Illinois law, only the personal representative of the deceased person can file a wrongful death claim. If the deceased did not have a named personal representative, the court can nominate one. The time limit for filing a wrongful death claim in Illinois is usually two years from the date of death.
In medical malpractice cases, it may not be immediately apparent that negligent dental work caused a person’s death. The deadline for filing a medical malpractice claim may be extended in these cases. The two-year period may start when the petitioner discovered the cause of death. In all cases, though, once the two years pass, any right to pursue legal action for compensation expires.
Compensation for Families in Illinois Wrongful Death Dental Cases
Any compensation in a wrongful death claim is for the benefit of the deceased’s surviving spouse and next of kin, including children, grandchildren, parents, aunts/uncles, nieces, and nephews. The courts base the amount of each recipient’s recovery on their financial dependence on the deceased.
Wrongful death claimants in Illinois can recover money for both financial and intangible losses, including:
- Loss of financial support due to death
- Lost wages from missing work
- Outstanding medical bills for pre-death care
- Funeral and burial expenses
- Emotional suffering
- Loss of companionship or guidance
- Loss of consortium
Unlike many other states, Illinois does not cap the amount of compensation a claimant can receive for pain and suffering in medical malpractice wrongful death claims. However, Illinois law explicitly prohibits punitive damages in cases involving death due to medical malpractice.
Why Choose Our Chicago Attorneys for Your Illinois Wrongful Death Claim?
Dental malpractice claims are complicated to pursue. A key aspect is demonstrating that the medical professional failed to deliver the applicable standard of care that reasonably prudent healthcare professionals would provide in similar circumstances. The testimony of expert witnesses regarding the expected standard of care often forms a central pillar of evidence in medical negligence cases.
The dental malpractice attorneys at Salvi, Schostok & Pritchard have decades of experience pursuing wrongful death claims in the state of Illinois. We know how to work with medical professionals in dental malpractice cases and obtain documentation to prove dental negligence. Our personal injury law firm has recovered more than $2.5 billion for our clients and has a team of medical malpractice lawyers ready to help you. We understand that when you sit down in a dental chair, you trust dental professionals to take care of your health. The breach of that trust can have life-altering consequences. You should not be left to deal with the consequences of someone else’s negligent actions. An experienced personal injury attorney can help you understand your legal options to pursue a civil lawsuit if you have lost a loved one and medical negligence is suspected.
Contact Salvi, Schostok & Pritchard online or by phone for a free consultation with a Chicago dental malpractice lawyer.
