Navigating Dental Malpractice Claims

Understanding Dental Malpractice Claims

In the complex world of law, dental malpractice lawsuits, like medical malpractice claims, call for a deep and nuanced understanding of both medical and legal knowledge. Led by the distinguished personal injury attorney B. Patrick Agnew, the Law Office of B. Patrick Agnew PLLC, is well-versed in handling such intricate issues that fall under personal injury regulations in Virginia. We are here to help you unpack the complexity of dental malpractice and navigate your legal path confidently and securely.

What is Dental Malpractice?

The term “dental malpractice” refers to a situation in which a dental health care professional fails to provide the accepted standard of care, thereby causing harm to the patient. This harm can come in various forms such as unnecessary pain, loss of teeth, prolonged suffering, or more severe consequences like nerve damage or life-threatening infections.

Navigating this complex realm of law requires a thorough understanding of dentistry and the interplay of legal principles associated with personal injury cases.

Elements of a Dental Malpractice Claim

To win a dental malpractice lawsuit, four key components must be proven:

Duty: The dentist had a legal duty to care for the patient, meaning there was an established patient-dentist relationship.

Breach of Duty: The dentist failed to meet the standard of care.

Causation: The failure directly caused the injury.

Damage: The injury resulted in losses to the patient.

Understanding these core elements and how they play out in a legal environment can make a dramatic difference in the outcome of your dental malpractice claim.

Making a Dental Malpractice Claim

Filing a claim against your dentist requires compiling a detailed analysis of your case, including gathering evidence of malpractice, detailing the harm suffered, and calculating the related costs. At the Law Office of B. Patrick Agnew, we understand this could be overwhelming, and we are here to assist you in the process and ensure you get the compensation you deserve.

From Filing to Trial or Settlement

Once the claim is filed, it will either be resolved through settlement negotiations or proceed to a trial. Settling the case would be less time-consuming and emotionally draining, but if that doesn’t work out, be ready for a trial where both parties present their case before a court or a jury. A personal injury attorney with a profound comprehension of dental malpractice law can significantly streamline the process to your advantage.

Common Causes of Dental Malpractice

Examples of potential dental negligence that could lead to a claim include:

• Delayed or inaccurate diagnosis

• Incompetent treatment

• Failure to get proper patient consent

• Inadequate aftercare and follow-up

• Unnecessary damage during dental procedures

The Role of Legal Counsel in Dental Malpractice Claims

Navigating this multifaceted legal landscape on your own can be daunting and complicated. Under the guidance of B. Patrick Agnew, our law office is dedicated to assisting you in understanding your rights, understanding the legal processes, gathering the necessary evidence, and effectively representing your case.


Navigating dental malpractice claims can be a disconcerting task without professional legal assistance. Yet, with the right legal counsel, like that provided by the Law Office of B. Patrick Agnew PLLC, you need not feel apprehensive. For more information, refer to relevant resources such as Free Legal Answers Virginia to enhance your understanding. With us on your side, we can assure you of thorough, competent and compassionate legal service. Willing to go the extra mile, we look forward to delivering justice on your behalf.

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54 reviews on
Patrick McBride
Patrick McBride
July 21, 2023
I was recommended to Patrick by another lawyer, it was the best recommendation I have ever had. I was getting the run around by the workers comp insurance company for months. With in a week of retaining Patrick that changed immediately. He got answers and results that seemed impossible for me to. When you are dealing with Patrick it doesn’t take long to figure out he really does care about your wellbeing and getting you taken care of. You are not just a number to him. He always answers or calls you back, I called him several times late on a Friday left a message to call me Monday not Patrick he called me late Friday. You want find that anywhere. He is always there to answer any questions or concerns you have and happy to do so.He also has a great support staff Jennifer was always so pleasant and helpful. She stayed on top of weekly requirements and anything else I needed help with. Patrick went up against some tough opposition and worked relentlessly to get me a fair settlement. I came to Patrick at my wits end and in the end I feel like things could not have gone any better. Thank you Patrick and Jennifer for all you have done. If you need workers comp help you will not find any better.
Joyce Brooks
Joyce Brooks
June 23, 2023
I will personally recommend anybody to contact this law firm to work with you on any case that’s dealing with and your job. They are so understanding about what you going through and they check on you making sure you are doing well with your Sickness. When I say they take it personally o boy , they will even call on a Sunday. So I tell anyone call this law firm so they can handle all of your Workmancomp cases. I’m so truly satisfied and I really appreciate the law firm of Patrick Agnew. Thanks again guys y’all are the best!!
Brian Webster
Brian Webster
June 19, 2023
Great people doing great work here! Everyone in the office is friendly and professional. They're very good at their jobs and worked hard for me. I couldn't be happier with the service I received.
Steven Taylor
Steven Taylor
April 20, 2023
I couldn’t be any more pleased with my service from Patrick and his team. From start to finish they stuck through and made sure I was always taken care of. I would definitely recommend their legal services.
Ethan Long
Ethan Long
November 21, 2022
Mr Agnew and his team are very professional and very fast on addressing any issues that you may encounter. Would definitely recommend to anyone!
Wendy Pauley
Wendy Pauley
November 18, 2022
The warmth, care and concern of both Mr. Agnew and Jennifer put me at ease, and I knew my case was in good hands. Ongoing communication with Jennifer was excellent, timely, professional; and her work was thorough and detailed. I highly recommend this practice..... they go above and beyond for you!
David Thornton
David Thornton
October 31, 2022
I tried 3 times on my own to get the disability benefits that I deserved and was denied almost immediately each time. I was about to lose my home and fell into major depression and diagnosed having generalized anxiety disorder due to stress. I told myself to try 1 more time. I asked my attorney, who does not specialize in disability cases, who should I contact. He immediately told me to contact B. Patrick Agnew. The firm agreed to take my case. Their paralegal Jennifer Martin was a God send to me. It only took the firm 4 months to help get my benefits approved. If anyone needs a disability attorney, look no further. Make a call and you will not regret it!!!!!

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