Dental Negligence Lawyer South Carolina

At the Law Office of Tyler Rody, we recognize that dental care is an essential part of our overall well-being, and we trust dental professionals to provide us with the highest standard of care. However, when dental negligence occurs, it can lead to pain, suffering, and additional oral health complications. If you’ve experienced dental negligence in South Carolina, you’re not alone, and we’re here to help. Our experienced dedicated dental negligence lawyer is committed to ensuring that your rights are protected. Contact us for a free consultation at 864-652-3332. We are ready to stand by your side, provide the legal guidance required, and help you navigate the complexities of dental negligence claims in South Carolina.

Understanding Dental Negligence Claims in South Carolina

When we visit the dentist, we trust that we will receive professional care that maintains or improves our oral health. However, dental negligence can occur, leading to unnecessary pain, suffering, and additional dental problems. If you’ve experienced dental negligence in South Carolina, it’s essential to understand what it entails and how to pursue a dental negligence claim. 

What is Dental Negligence?

Dental negligence, also known as dental malpractice, occurs when a dentist or dental professional fails to provide the standard of care expected in the dental industry. This failure can result in injury, harm, or the aggravation of existing dental issues. Dental negligence may encompass various scenarios, such as:

  • Misdiagnosis or failure to diagnose dental conditions.
  • Inadequate treatment or dental procedures.
  • Surgical errors during dental surgery.
  • Medication errors.
  • Failure to obtain informed consent.
  • Delayed treatment leading to complications.

Elements of a Dental Negligence Claim

To establish a dental negligence claim in South Carolina, you must prove the following elements:

  • Duty of Care: You must demonstrate that the dentist owed you a duty of care, which is a standard expectation in the dental profession.
  • Breach of Duty: You need to show that the dentist breached this duty of care by failing to meet the expected standards.
  • Causation: You must establish that the dentist’s breach of duty caused your injuries or dental issues.
  • Damages: You need to demonstrate that you suffered actual damages, such as pain, suffering, medical expenses, or loss of quality of life.

Pursuing a Dental Negligence Claim

If you believe you’ve been a victim of dental negligence, here are the steps to consider:

  • Document the Incident: Keep records of your dental visits, symptoms, and any communication with the dentist or their staff.
  • Seek a Second Opinion: Consult another dentist to evaluate your condition and provide a professional opinion on the negligence involved.
  • Contact an Attorney: Consult with a personal injury attorney specializing in dental negligence claims. They can assess the viability of your claim and guide you through the legal process.
  • Gather Evidence: Your attorney will help you collect evidence to support your claim, including dental records, witness statements, and expert opinions.
  • Negotiation or Litigation: Your attorney will work to negotiate a fair settlement with the dentist’s insurance company. If negotiations fail, litigation may be necessary.

Understanding dental negligence claims in South Carolina is vital for protecting your rights as a patient. If you believe you’ve been a victim of dental negligence, seeking legal guidance is crucial. A qualified attorney can help you navigate the complexities of the legal process and work to secure the compensation you deserve. Dental negligence should not go unaddressed, and by taking action, you can hold responsible parties accountable and seek justice for your pain and suffering.

Building Your Case: Key Evidence

Experiencing dental negligence can be not only painful but also emotionally distressing. When you believe that a dental professional’s negligence has caused you harm, it’s crucial to understand the importance of gathering evidence for your dental negligence claim. In South Carolina, as in other states, the strength of your case relies heavily on the evidence you present. 

Dental Records

Dental records are the foundation of your claim. They should include detailed information about your treatment, diagnoses, procedures, and any notes made by the dentist during your visits. Review these records carefully to identify any discrepancies or signs of negligence.


Photographs of your oral condition before and after the dental treatment are invaluable. These visual records can illustrate the changes and damages that occurred as a result of the alleged negligence. Ensure that your attorney obtains clear, high-quality images for your case.

X-Rays and Imaging

Dental X-rays and other diagnostic images provide vital insights into your oral health and the dental procedures you underwent. They can help confirm the extent of the damage or complications resulting from negligence.

Expert Testimony

Expert witnesses play a crucial role in dental negligence claims. They can provide professional opinions regarding the standard of care, deviations from it, and the causation of your injuries or dental issues. Dental experts can be instrumental in establishing negligence.

Dental Staff and Witness Statements

Statements from dental staff, nurses, or other patients who witnessed the treatment or were present during the alleged negligence can corroborate your account. These eyewitness testimonies can strengthen your case.

Second Opinion

Obtaining a second opinion from another dental professional is essential. A second dentist can evaluate your oral condition, provide an expert opinion on the alleged negligence, and potentially offer treatment recommendations.

Correspondence and Communications

Preserve any written correspondence, emails, or text messages with the dentist or dental staff. These documents may contain admissions, apologies, or statements that can be used as evidence.

Medical Bills and Expenses

Keep records of all medical bills, expenses, and out-of-pocket costs related to your dental treatment and the subsequent care required to address the alleged negligence.

Your Account of the Incident

Your own detailed account of the incident and any symptoms or discomfort you experienced is essential. This personal record can provide context and help guide your attorney in building your case.

Informed Consent Forms

If you did not provide informed consent for a specific procedure or treatment, or if the dentist failed to explain the risks adequately, these forms can be crucial in demonstrating negligence.

Gathering compelling evidence is a fundamental step in pursuing a dental negligence claim in South Carolina. With the right evidence, you can establish the dentist’s breach of duty and the harm you suffered as a result. If you believe you’ve been a victim of dental negligence, consult with an experienced personal injury attorney who specializes in dental negligence claims. They can help you collect, analyze, and present the evidence necessary to seek justice and compensation for your pain and suffering.

Your Dental Negligence Attorney in South Carolina

The Law Office of Tyler Rody is here to be your trusted dental negligence attorney, offering not only legal expertise but also unwavering support throughout this challenging journey. To embark on the path toward securing the compensation and justice you deserve, don’t hesitate to schedule a free consultation with us at 864-652-3332. Your oral health matters and we are dedicated to supporting you every step of the way.

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