If there’s a lawyer you know and trust who works in a different field, ask them if they can recommend any personal injury lawyers who specialize in dental malpractice. Search online using a legal database such as Avvo or Martindale-Hubbell, where you can find lawyers by practice area, location, client reviews, and disciplinary records.
With lots of experience in pursuing claims against governmental bodies, such as the NHS, we can help you navigate the red tape. Our medical negligence experts will help you accelerate the dental negligence NHS process as quickly as possible.
A personal injury lawyer with experience in dental negligence can assist you with your case. A dental lawsuit attorney can explain your case’s value, what types of recovery are available, and evaluate your case based on specific facts.
Document the financial impact: If you have had to reduce your work hours or even miss out entirely, sorted medical bills or had to embark on trips which you have paid for, document all these. Your solicitor will include them as part of your claim for dental negligence compensation.
To establish proof when suing a dentist, you will need to prove these four principles: Duty, Breach of Duty, Causation, and Damages. Though there are numbers of adverse symptoms of dental malpractice, you must consult your legal attorney and specify your conditions and concerns to evaluate your possible claims.
Let's dive deeper into some of the most common examples of dental malpractice.Dentist Using Excessive Force on Young Patients. ... Performing Non-Medically Necessary Dental malpractice Procedures. ... Not Using Appropriate Anesthetic. ... Broken Instrument/Broken File. ... Broken Jaw. ... Broken Tooth. ... Extractions. ... Fillings.More items...
To sue your dentist, you will need to show that they didn't follow the standard of care required by the dental profession and their failure caused your injury. A malpractice attorney is the best person to listen to your situation and tell you if you have a strong malpractice claim.
One common reason dentists are accused of malpractice is because they fail to procure a patient's informed refusal or consent to carry out a given procedure. When a patient doesn't provide their consent for X-rays necessary for a dentist to diagnose a condition, it's important for him or her to get that in writing.
There are two basic types of malpractice insurance — 'claims-made' and 'occurrence'.
If the negligent dental treatment will cost more than $10,000 to repair, the dental injury may be economically worth pursuing. A bad crown or root canal that can be repaired is best pursued in small claims court.
Failure or delay in the diagnosis of an oral condition or disease. Dental surgical errors. Improper or inappropriate treatment of a dental condition. Use of a defective or ill fitting dental device.
If you are unhappy with the treatment you have received, it is usually best to:speak directly to the dental professional concerned, or the practice that provided the treatment.explain why you are unhappy with the treatment.state how you would like the matter resolved.
Your dentist may be responsible for a bad root canal treatment. It ultimately depends on why your root canal failed. If your dentist did not provide an acceptable standard of treatment or live up to their duty-of-care mandate, you might incur unnecessary pain and suffering.
Definition of malpractice 1 : a dereliction of professional duty or a failure to exercise an ordinary degree of professional skill or learning by one (such as a physician) rendering professional services which results in injury, loss, or damage. 2 : an injurious, negligent, or improper practice : malfeasance.
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.
three yearsThe 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.
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.
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 ...
Hiring a dental malpractice lawyer based on a billboard or commercial, without doing any homework, is a bad idea. Doing your own research takes a little extra time, but hiring the wrong attorney can cost you even more time and money down the road. Here are a few ways to identify lawyers who might be right for you:
After you’ve identified prospective dental malpractice lawyers, set up interviews with three-to-five candidates. During each interview, evaluate their experience, understanding of your case, and communication skills.
Focus on the lawyer’s background and related experience. In addition, if they work for a larger law firm, ask them questions about the firm’s culture and how much one-on-one attention you can expect. Some questions that you should always ask a dental malpractice lawyer include:
Yes. Morgan & Morgan’s attorneys work on a contingency basis, which means that if we fail to win a jury verdict or recover a favorable settlement, you pay us nothing. That’s right; it’s free unless you win. And our clients win a lot — to date, they’ve recovered more than $9 billion.
But if you are the victim of dental negligence, it can be even more distressing. Dental negligence is when a dental health professional fails to provide the right care, often resulting in a worsening condition or an injury. If this has happened to you, you could be able to make a dental negligence claim for compensation.
The more straightforward cases of dental negligence are typically settled sooner – often within a few months. As part of a dental negligence claim, your solicitor will usually arrange for you to see a professional for an assessment.
If they accept the responsibility, your solicitor will then negotiate with them to reach the appropriate level of compensation. If they de ny liability, though, your case could take longer to settle as your solicitor will work to try to get them to accept responsibility.
This will then form part of your evidence – along with your dental records and witness statements. Your solicitor will then present the evidence to the insurer of the dentist responsible for your injury or illness.
If you’ve been the victim of a dentist making a preventable mistake, you are entitled to claim compensation to get you back to the position you were in before it happened . Dental negligence is usually a painful experience. This isn’t something you just have to accept.
In most cases, you’ll have three years to make a claim for compensation after suffering from dental negligence. Although this sounds like a long time, it’s always a good idea to start your dental claim as soon as possible.
Some of the problems you may have experienced include: 1 Cosmetic dentistry negligence 2 Damage to teeth 3 Dental nerve damage 4 Failure to diagnose oral cancer 5 Failure to obtain consent before procedures 6 Missed or delayed diagnosis 7 Periodontal disease 8 Poor bridge work 9 Poor restorative dentistry 10 Substandard dental implants 11 Substandard root canal work 12 Teeth whitening or gum damage 13 Tooth extractions gone wrong
If you think that the injury you suffered was a result of dental negligence, then there are a few things you can do to prepare for a compensation claim . As is the case with any legal process requiring adjudication, both parties must present evidence, to either prove or disprove the allegation. So, your chances of a successful claim will be enhanced ...
However, dental negligence claims generally take between six months and a few years before a settlement is reached.
Incorrect treatment: If, for instance, a dentist applies excessive force during treatment and this has caused you injury, you may be able to make a compensation claim. Inadequate care: If you have received poor medical care while undertaking treatment at the hands of your dentist, or after a dental procedure, and have suffered an injury as ...
Loss of earnings: If you had to miss work due to the injury, and this took a hit on your income, then you can make a claim for this. You can also make a compensation claim if the injury will likely affect your future earning potential.
Dental Negligence Claims can be made if you have suffered physical injury, financial loss or your well-being has been impacted because of an error by a dentist when diagnosing or treating you. You may be able to make a dental negligence compensation claim if you have suffered any of the following:
Some of the most common examples of dental malpractice include: Failure to diagnose conditions such as gum disease, oral cancer, and temporomandibular joint (TMJ) disorders. Improper extractions, which may lead to TMJ disorders, severed nerves, or fractures of the jaw.
Breach of Care: You must prove that your dentist caused your injury or made an existing condition worse through their actions or inactions. An expert medical witness can likewise help in establishing specifically how care was breached, such as by outlining which steps should have been taken to prevent the injury.
Dental Malpractice. For many people, no matter their age, going to the dentist is a chore. But as much as you might dread going to the dentist, chances are, you take some comfort in the thought that you’ll receive quality care during your visit. Unfortunately, that’s not always how it goes. While the definition of dental malpractice varies ...
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 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.
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.
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.
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.
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.
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
When a dentist is determined to have failed to follow the generally accepted standard of care when treating a patient, they can face a dental malpractice lawsuit. Nerve injuries, failure to diagnose oral cancer or periodontal disease and unnecessary or wrongful tooth extraction are common triggers of dental malpractice suits. Clinical negligence lawsuits can be costly and complicated cases to resolve, even though payouts should ultimately be covered by malpractice insurance. If you may be facing a dental malpractice suit, it may be prudent to consult a malpractice lawyer immediately.
Like any customer-facing business, dentists must comply with all FTC requirements for advertising, product quality and other consumer issues. There are, however, other issues in consumer law that apply specifically to medical professionals, including dentists.
Dental Patient Rights. If you are a member of an association or state licensing board with a set patient rights statement, like most dentists, you are held to its tenets as a matter of consumer law. Any violations leave you open to sanctions and lawsuits.
HIPAA, the Health Insurance Portability and Accountability Act, sets the standard for protecting sensitive patient data. As a dentist, your patient records are subject to HIPAA, which means that any physical and digital records must be protected with proper safeguards. In general, records of and information regarding patient diagnosis and treatment must be kept strictly confidential except when given written permission to disclose it to others, such as insurance providers.
Clinical negligence lawsuits can be costly and complicated cases to resolve, even though payouts should ultimately be covered by malpractice insurance. If you may be facing a dental malpractice suit, it may be prudent to consult a malpractice lawyer immediately.
Consent. Every time you perform a dental procedure on a patient for the first time, you first need to obtain informed consent. All states have certain requirements for what constitutes informed consent, but in general, any informed consent discussion should include information about:
Yes. Beyond the typical legal and logistical needs of a typical lease agreement, you must meet the necessary health and sanitation requirements for a dental office. Ideally, these should be written into the lease agreement to ensure that there are no difficulties meeting them later.
For a free initial consultation about your dental negligence claim, please call us on 0800 121 6567 or contact us online and we’ll get back to you as soon as possible.
Common examples of dental negligence include: Delay or incorrect diagnosis – including oral cancer misdiagnosis. Nerve injury. Cosmetic dentistry problems.
A dental negligence claim can take between a few months and a few years to settle (depending on the severity of your injury and whether or not your NHS or private dentist accepts responsibility). We settle most cases quickly but more complicated cases dealing with bigger claims may take longer.
Most of our dental negligence cases are handled on a no win no fee basis. This means that there’s nothing to pay upfront and no cost to you if your claim is unsuccessful*. If your case is successful your opponent will pay most of your legal costs, with the remainder coming out of your compensation award.
Mistakes in dental treatment can be painful and traumatic. If you’ve suffered due to failures in your dental treatment, we’re here to support you. As the largest medical negligence firm in the country, our dental negligence solicitors could help you claim compensation.