a lawyer who takes a case about dental malpractice

by Malcolm Kiehn 4 min read

How to sue a dentist for malpractice?

Contact a Dental Malpractice Lawyer Suffering from dental malpractice can be devastating physically, emotionally, and financially. While the dental malpractice attorneys at Morgan & Morgan can’t help you heal any faster, we can help you recover compensation in a difficult time. For more than three decades, we’ve helped victims just like you.

How to really win a dental malpractice lawsuit?

The dental malpractice lawyers at Morgan & Morgan can: Determine the strength of your case and whether your dentist breached their duty of care Enlist expert witnesses to establish how care was breached Demonstrate that the breach of care directly caused you harm Collect and present evidence in support of your claim Take your case from start to finish, with the appropriate …

How to check on a dentist for malpractice?

Aaron Allison is a law firm that specializes in dental malpractice, and our expert lawyers know what it takes to prove a malpractice case. We offer free consultations to help you understand your rights, and we won’t take a case unless there is a strong chance of recovery, so you have no upfront legal costs.

Can you sue a dentist for negligence?

Legal claims processed for injuries through dentistry may go to court. If the dentist understands that the plaintiff’s case is strong enough to win in court, he or she may seek to settle out of the courtroom. The lawyer is necessary to negotiate the best possible compensation for the incident for a full recovery.

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What is the most common reason a dentist will have a malpractice lawsuit brought against them?

Some of the more common scenarios of dental malpractice include: improper extraction of teeth. failure to diagnose various conditions (e.g., TMJ, oral cancer) failure to properly treat complications of care (e.g., infection)

What are the two types of malpractice in dentistry?

There are two basic types of malpractice insurance — 'claims-made' and 'occurrence'.Oct 29, 2019

What are the 3 types of malpractice?

There are three common types of medical malpractice lawsuits – failure to make the correct diagnosis, birth injuries and medication errors. In this blog, we discuss these medical errors in order to help you determine whether you have suffered an injury as a result of medical negligence.Jul 24, 2017

What are the essential elements of malpractice in dentistry?

The four essential elements of a dental malpractice case are:A dentist-patient relationship. Usually, the dentist-patient relationship is easy to prove. ... An appropriate medical standard of care exists for the procedure. ... The dentist breached the standard of care. ... The breach of care caused injury to the patient.Apr 25, 2019

What is the statute of limitations for dental malpractice in California?

The statute of limitations for dental malpractice actions based on negligence is three years after the date of injury or one year after the plaintiff discovers the injury — whichever comes first. So, in most cases, you only have one year to file a lawsuit in a dental malpractice case.

What is occurrence based malpractice?

Occurrence malpractice insurance provides coverage for incidents that occurred during the policy year, regardless of when a claim is reported to the carrier. Claims-made malpractice insurance provides coverage if the policy is in effect both when the incident took place AND when the claim is filed.Aug 2, 2021

What qualifies as medical negligence?

When you put these terms together medical negligence – it is the act or omission by a medical professional that deviates from the accepted medical standard of care resulting in damages. The patient must prove that the negligence caused the damage. Examples of medical negligence are: Failure to diagnose or misdiagnosis.

What is the amount for medical negligence?

There are various kinds of situations which amount to medical negligence by a medical professional such as incorrect diagnosis, deferred diagnosis, inaccurate surgery, long term negligent treatment, childbirth and labor malpractice, needless surgery and erroneous administration of anesthesia etc.Apr 27, 2021

How do you prove medical negligence?

The first necessary step if you are a victim of medical negligence is to file a Complaint against the doctor with the State Medical Council. The victim can file a complaint in the state consumer court also and there can be a criminal suit filed by the patient against the hospital or the doctor himself.Jan 7, 2017

What is dental malpractice?

Dental Malpractice occurs when a dentist or other dentist office staff member performs a negligent or reckless act that results in an injury to the patient. If during the course of a dental exam, procedure, or surgery you experienced a significant injury that would not have otherwise resulted if the examiner or dentist had done his ...

What happens if a dentist fails to diagnose a medical issue?

Additionally, if a dentist or dental examiner failed to diagnose or treat a medical issue that would have been found or treated by a dentist or examiner exercising a high level of medical proficiency, and you suffered an injury as a result of this failure, you may also have a case.

What does it mean to have grounds for dental malpractice?

Now to have grounds for a dental malpractice case, there needs to be substantial proof of suffering. This may mean that the damage will forever impact your taste or sense of feeling. It may also mean that doing normal activities is now challenging. For example, if the way you eat, drink, or speak is affected…

Why is dental malpractice bad?

Dental Malpractice Because Of Infection. Many people negate the importance of good dental hygiene. But an infection in your mouth can get serious quick. The pulp of your tooth contains blood vessels, nerves, and tissues. And if the pulp’s infected, it can move to the bone and cause an abscess.

Why is dental care important?

So again, dental care is important! If you seek help from a dentist and they mistreat or misdiagnose your condition, that may be ground s for a case. Infection post dental work is also a major cause for concern! It’s crucial that dental professionals keep things clean.

What nerves are most likely to be injured during dentistry?

The two nerves most likely to receive injury during dentistry are the lingual nerve & the inferior alveolar nerve.

What happens if your dentist doesn't ask you questions?

If your dentist and their staff aren’t asking the right questions, problem may arise. They also need to find out whether you’re allergic to certain medications and anesthesia. Without due diligence, medication mistakes happen. And as is the case with any medical procedure, anesthesia has to be administered with care.

What do dentists need to do?

That means the instruments they use, but also your mouth. Dentists need to clean wounds with care, stop bleeding, and even prescribe antibiotics when necessary. Note: In a recent failure to diagnose case involving tooth infection, the plaintiff was awarded over $2.5 million in damages.

Do no harm dental malpractice?

Dental malpractice can occur when the first rule of the Hippocratic Oath, “Do no harm,” is broken. Dentists aren’t supposed to deviate from what the field considers acceptable.

Why Hire an Atlanta Dental Malpractice Lawyer?

If you believe you have been injured due to medical malpractice on the part of a dentist, orthodontist, or oral surgeon, you may be able to recover compensation for medical bills, lost wages, pain and suffering, and other damages relating to your injury. The dental malpractice lawyers at Morgan & Morgan can:

How Much Is My Case Worth?

It’s impossible to know a particular case value without reviewing the facts. Every case is different, and there are dozens of factors that determine what constitutes full and fair compensation.

How Long Will My Case Take?

Dental malpractice cases and other types of personal injury claims are complex, and therefore, settlements and trials can take months, if not years, to conclude. Often an insurance company will draw out the process in the hope that you’ll grow impatient.

The Morgan & Morgan Difference

You may have seen our ads on television or passed our billboards on your commute, but we’re no ordinary law firm. We got to where we are today by treating every client like family, and we maintain that mentality to this day. From start to finish, our legal team gives every case the time and attention that it deserves.

Community Involvement

At Morgan & Morgan, we care about the communities we serve. We’re proud to say we’ve teamed up with many Atlanta charities, including:

Contact Morgan & Morgan

If you were the victim of dental malpractice, it may be tempting to accept the first settlement offer you receive. But doing so will rarely lend to the best outcome. With the help of a Morgan & Morgan dental malpractice lawyer, you may be able to recover significant financial compensation. There’s no cost upfront, and it’s 100% free unless you win.

Who Is at Risk for Life-Threatening Bacterial Endocarditis or Other Infections?

According to the American Medical and Dental Associations, anyone can develop infections after a dental procedure. However, patients who have certain medical implants should undergo a very simple “prophylactic antibiotic regimen.” If you have any of the following, you are at a high risk of infection:

What Causes Bacterial Endocarditis Infections?

Dental and oral surgical procedures that involves the gums exposes you to oral bacteria that can directly enter the bloodstream and infect your heart or artificial joints. Our bodies are not designed to attack bacteria on artificial surfaces. The following procedures put patients at risk for bacterial endocarditis infections:

Speak with Our Legal Team. Call (888) 260-0473 Today

Have you suffered an infection flowing a dental procedure? We can help. Our experienced medical malpractice trial attorneys are here to stand up for your rights. Our attorneys have decades of experience in New Jersey and New York courts. Let us put our skills and reputation to work for you.

What happens if a dentist does not diagnose a condition?

For instance, if a dentist does not diagnose a condition, such as oral cancer, the condition will worsen causing pain, additional symptoms, delayed treatment, and possibly even death.

Is dental malpractice the same as medical malpractice?

Dental malpractice is very similar to medical malpractice. Dentists and dental health workers provide a type of medical care and have the same responsibility to provide a certain level or standard of care. When this standard is breached, whether intentionally or not, the patient can be harmed and the result may be a dental malprac tice case that proves negligence.

How to sue a dentist for medical malpractice?

To sue a dentist for medical malpractice, you must be able to prove that you suffered an injury as a result of a dentist’s provision of sub-standard care. To establish proof when suing a dentist, you will need to prove these four principles: Duty, Breach of Duty, Causation, and Damages.

What is the most important defense in a dental malpractice case?

What To Know About Dental Negligence Lawsuits. One of the most important defenses in a dental malpractice case is proper documentation. The patient’s dental record must contain a clear chronology of events, future treatment plans, and all the important communication between the dentist and patient.

What is the second most common alleged negligence?

The second most common alleged negligence was due to endodontic procedures. Of the above negligence claims due to endodontic procedures, all of the defendants were general dentists. The complications included instruments left in canals, nerve and sinus perforations, air embolisms, and life-threatening infections, including four fatalities. Of the life-threatening infections, seven were due to brain abscesses, and one due to osteomyelitis. Of these eight infections, four were fatalities and four resulted in irreversible brain damage.

How many implants were lost in the negligence lawsuit?

In the implant loss subset, two to 10 implants were lost, and treatment planning was alleged to be deficient to non-existent. The patient with the post-operative infection succumbed to the infection. In 24 of the negligence claims involving dental implant surgery, the defendants were general dentists, and one was a periodontist.

How many cases of failure to diagnose periodontal disease in a timely fashion?

There were 19 cases of failure to diagnose or treat periodontal disease in a timely fashion. All defendants were general dentists. In the majority of these cases, X-rays were not taken routinely, and periodontal probings were rarely or never recorded.

What is a dental note?

A clear treatment plan (including documentation explaining the reason for any treatment for which the patient has been billed), and. Notes were written at or near the time of the patient’s treatment. Keep in mind that many people will examine the dental record if there is a lawsuit.

Why do dentists sue?

Reasons to Sue a Dentist: 1 Anesthesia Complications 2 Failure to Diagnose Oral Diseases or Cancers 3 Injuries to Oral Nerves 4 Complications with Bridges and Crowns 5 Tooth Extraction Problems 6 Root Canal Injuries 7 Complications from Novocain 8 Infections 9 Wrongful Death

Levin & Perconti

Dental Malpractice Lawyers at 325 North LaSalle Drive #300, Chicago, IL 60654

Anesi, Ozmon, Rodin, Novak & Kohen, Ltd

Dental Malpractice Lawyers at 161 North Clark Street, Suite 2100, Chicago, IL 60601

Caras Law Group

Dental Malpractice Lawyers at 320 W. Illinois Street, Suite 2312, Chicago, IL 60654

Fitz Law Group

Dental Malpractice Lawyers at 309 W. Washington Street, 9th Floor, Chicago, IL 60606

Seidman Margulis & Fairman, LLP

Dental Malpractice Lawyers at 20 S. Clark Street, Suite 700, Chicago, IL 60603

Pintas & Mullins Law Firm

Dental Malpractice Lawyers at 368 West Huron Street, Suite 100, Chicago, IL 60654

Kitch Drutchas Wagner Valitutti & Sherbrook

Dental Malpractice Lawyers at 20 North Clark Street, Suite 600, Chicago, IL 60602

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