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.
Full Answer
How do you prove dental malpractice?
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.
What does a dental malpractice lawyer do?
The dental malpractice lawyers at Morgan & Morgan can: Determine the strength of your case and whether your dentist breached their duty of care. Gather expert witnesses to establish how care was breached. Demonstrate that their breach of care directly caused you harm. Collect evidence in support of your claim.
Should I file a dental malpractice lawsuit?
Find a local Dental Malpractice attorney in your state. Our client reviews, law firm profiles, and live chat make it easy to find the best Dental Malpractice lawyer for you.
What are the most common examples of Dental Malpractice?
Mar 27, 2019 · When choosing the right attorney for your dental malpractice case, one should look at the attorney’s expertise, level of open communication, trustworthiness and compatibility. Before you pursue a dental malpractice case, you should be sure to check and see if you have a viable case in the first place.
What is an example of malpractice in dentistry?
Examples of dental malpractice include botched procedures (such as root canals and tooth extractions), defective or faulty bridge and crown installation, failure to diagnose or treat a condition, and improper anesthesia administration.
What is the most common reason patients sue dentists?
Failure to diagnose periodontal disease is one of the most common reasons for filing a dental malpractice lawsuit. Delayed diagnosis may lead to additional dental complications and additional expensive treatment costs.
What are the two types of malpractice in dentistry?
There are four main types of dental malpractice:
- Negligent dental work.
- Delayed diagnosis or treatment of a disease.
- Failure to diagnose or treat a condition.
- Intentional misconduct by the dentist.
What is negligence dentistry?
Dental negligence occurs when a healthcare professional has failed to provide adequate care for you. This can include any instances involving incorrect, delayed or poor treatment that has led to further injury or suffering.
Can I sue my dentist for pain and suffering?
You can sue your dentist if they have failed to provide an acceptable standard of care. This usually occurs when their direct action or inaction has led you to suffer avoidable injury, harm or suffering.May 10, 2021
How do you prove dental negligence?
You'll need to prove two things: 'Breach of duty' and 'Causation'. Breach of duty is when you show that the treatment you received fell below the reasonable standard of care you would have expected to receive from a reasonably competent dentist in their field.
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 do I do if my dentist messed up my mouth?
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.May 15, 2020
How do I make a claim against my dentist?
Usually, a good first step is to contact your dentist directly to make the complaint. All dental professionals are under strict working regulations, so they should take your complaint extremely seriously.
What are some examples of negligence?
Examples of negligence include:
- A driver who runs a stop sign causing an injury crash.
- A store owner who fails to put up a “Caution: Wet Floor” sign after mopping up a spill.
- A property owner who fails to replace rotten steps on a wooden porch that collapses and injures visiting guests.
Feb 23, 2018
Where Should I Look for a Dental Malpractice Lawyer?
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:
How Should I Choose a Dental Malpractice Lawyer?
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.
What Questions Should I Ask a Prospective Lawyer?
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:
Can I Afford a Dental Malpractice Attorney?
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.
What are some examples of dental malpractice?
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.
Is it a chore to go to the dentist?
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.
What is breach of care?
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.
What is the medical standard of care?
Medical Standard of Care: The medical standard of care refers to the level of care a similarly skilled dentist would have provided given identical circumstances. This is typically established by an expert medical witness who has experience with the procedure in question.
The Requirements for a Dental Malpractice Case
With unhappy dental patients who might bring unsubstantiated or false claims against their dentist in hopes of striking it big with favorable, significant compensation, there are certain requirements a dental malpractice claim must satisfy before it can be taken to court. These requirements are:
What to Look for in a Good Dental Malpractice Attorney
When it looks like you have a viable case, it’s now time to find a good dental malpractice attorney. As mentioned before, a good attorney is key to giving you a chance to win your dental malpractice case.
Can a dentist file a malpractice claim?
No dentist wants a malpractice claim against them. They will likely try to settle your lawsuit out of court, and there are some documents and evidence that they’re likely to provide as part of the case.
What are some examples of dental malpractice?
Here are 10 examples of dental injuries that commonly result in malpractice lawsuits: Extractions. An extraction (commonly referred to as “getting a tooth pulled”) could result in an infection that requires hospitalization. Some lawsuits arise because of sinus perforations during a tooth extraction. In many cases, the lawsuit is not ...
What is breach and causation in a dental malpractice lawsuit?
Breach and causation. Breach and causation will be the critical pieces of your dental malpractice lawsuit. Your lawyer will need to prove that the dentist either caused the injury or made an existing condition worse because of their action or inaction.
Can a dentist make a mistake?
Like any medical provider, dentists sometimes make mistakes. When a mistake is the result of negligence and causes physical, emotional and financial harm, it could be dental malpractice and you could be able to recover compensation through a personal injury lawsuit.
Is anesthesia a risk?
Anesthesia is always a risk, and sometimes there’s nothing a doctor or dentist can do to prevent a complication. But in some cases, a patient is harmed (or dies) because of incorrect anesthesia, dosing, or the failure to take other standard precautions. Infections.
What is the responsibility of a dentist?
But it’s a dentist’s responsibility to take proper preventive measures and follow up to watch for infections. If one does develop, the dentist must act quickly to treat it so it doesn’t worsen.
What are the elements of a personal injury lawsuit?
All personal injury lawsuits are based on 2 elements: The plaintiff (person filing the lawsuit) was injured by the defendant. The defendant was negligent, and their negligence caused the plaintiff’s injury.
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.
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
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 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.
What is 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. Doing so raises serious professional and ethical questions. It also puts patients at great risk of injury or death.
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…
How to tell if you have nerve damage?
Some common signs and symptoms of nerve damage resulting from dental treatment include: 1 Difficulty speaking or eating 2 Reduced sense of taste 3 Lack of feeling or numbness in the face, jaw, cheeks, gums, or tongue 4 Pain or a burning sensation in the aforementioned areas 5 A pulling or tingling feeling in the aforementioned areas
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.
Can an infection in your mouth cause bone abscess?
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.
Can anesthesia cause death?
And if given too much, there may be an overdose. Anesthesia mistakes can result in brain damage, neurological difficulties, and even death.
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