Robinson & Henry Personal Injury Partner Jon Topolewski represents injured clients in dental malpractice cases. Jon shared his legal expertise on dental malpractice with Law Week Colorado.
“The issue that we see most frequently are improper tooth extractions,” Jon said, in reference to dentists pulling the wrong tooth. “There’s an alarming number of times where I come across that issue.”
One of the most common injuries Jon sees in bad tooth extractions is jaw fracture. The process to get compensated for such an injury in Colorado may be a little easier for some these days due to the passage of the Colorado Candor Act in 2019. The goal of the legislation was to create an avenue for an injured party and the physician to begin candid settlement talks.
“[The Candor Act] can help encourage parties to reach an agreement and avoid putting additional strains on the court system and causing both parties to go through protracted litigation,” Jon said.
Prior to 2019, medical providers were less likely to enter into negotiations with patients because they were obliged to report settlements based on malpractice claims to the state licensing board.
There’s nothing in the Candor Act that prevents a patient from stopping the talks with the doctor and filing a lawsuit.
Jon noted that the candid conversations injured patients have with the medical or dental provider does not pause the statute of limitations.
“You still only have two years from the date you knew or should have known [of] the malpractice and the harm to file your case,” Jon said.
In terms of general medical malpractice, Jon called on the Colorado General Assembly to review the state’s damages cap. He believes eliminating it would help from a consumer protection standpoint. The total damages cap in medical malpractice is $1 million in Colorado, which also applies to dentists.
If your dentist or oral surgeon pulled the wrong tooth, find out how our personal injury attorneys can help you. Call 303-688-0944 to begin your free case assessment.