what is a dental lawyer

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

Do I need a lawyer for a dental lawsuit?

Dental Malpractice Law. Dental Malpractice is when a dentist does not follow the accepted standard of care and causes harm to the patient. Examples of that include failing to properly diagnose or examine the patient, improper use of dental instruments and anesthesia, and performing unnecessary treatment. Dental Malpractice Legal Help

Why hire a dental malpractice attorney at Morgan&Morgan?

Oct 18, 2021 · Proving Dental Malpractice. Four key elements comprise the core of a dental malpractice claim. The first is the duty of care, which arises from a dentist-patient relationship. Whether or not this relationship exists usually can be easily determined. The patient must demonstrate the appropriate standard of care in the circumstances.

Who are the Philadelphia dental malpractice attorneys?

Oct 14, 2016 · 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. Though there are a number of adverse symptoms of dental ...

What can you do if a dentist messed up?

If you feel you have a strong dental malpractice case, your first step should be to contact a law firm with an experienced malpractice lawyer. They should offer a free consultation and ask questions about the dental care you received.May 15, 2020

What is an attorney called?

A lawyer (also called attorney, counsel, or counselor) is a licensed professional who advises and represents others in legal matters. Today's lawyer can be young or old, male or female.Sep 10, 2019

What are the legal obligations of a dentist?

The dentist has a duty to treat people fairly. This principle expresses the concept that professionals have a duty to be fair in their dealings with patients, colleagues and society. Under this principle, the dentist's primary obligations include dealing with people justly and delivering dental care without prejudice.

Do lawyers make more than dentists UK?

Lawyers earned more this year than doctors and dentists, new research by the Office for National Statistics (ONS) has shown. Lawyers are earning an average of £92,606 each year; they are the second highest earners and beaten only by chief executives, who earn an average of £130,734, according to the ONS' 2021 data.Oct 29, 2021

What's the difference between lawyer and attorney?

A lawyer is an individual who has earned a law degree or Juris Doctor (JD) from a law school. The person is educated in the law, but is not licensed to practice law in Pennsylvania or another state. An attorney is an individual who has a law degree and has been admitted to practice law in one or more states.May 9, 2020

Can I put JD after my name?

JD can go after a lawyer's name, but it is usually only used in academic settings. Even though a legal degree is a doctorate, you do not usually address law degree holders as "doctor." Lawyers do not normally put Esq. after their name and many attorneys consider it old-fashioned.

Can dentists be disabled?

Some dentists may be able to treat people with special needs in their surgery. However, some people may not be able to get to their dental practice because of a disability or medical condition.

What is fee splitting in dentistry?

Fee splitting occurs when one healthcare provider pays the percentage of a patient's fee to another healthcare provider, typically for a referral. If a specialist treats your patients in your office, you may only collect from the specialist the fair market value for the space, equipment, staff and supplies used.

Can patients refuse xrays?

The answer is NO. Patients cannot refuse x-rays if they want to be treated. They cannot refuse x-rays even if they sign a release. As health care professionals we are held responsible by different parties.Sep 18, 2011

Can a dentist become a lawyer?

If you have interest in becoming lawyer then you can pursue this course after Bachelor of Dental Surgery. If you donot want to practice then it will be of no advantage. Graduates with 50% or more are eligible for LLB of three years duration course. You can apply for admission in LLB after BDS at age of 30 years.Sep 25, 2019

What type of dentist makes the most money?

oral and maxillofacial surgeryThe highest-paid dental specialty is oral and maxillofacial surgery. Surgeons, including oral and maxillofacial surgeons, make a national average salary of $288,550 per year . These professionals are highly trained in both dental care and medical surgery.May 20, 2021

Who earns more doctor or lawyer?

However, according to data analysts, doctors are more paid than lawyers. Average a doctor gets an amount of $208,000 per year, while the average lawyer makes $118,160. Further, the data shows that 10% of lawyers only make a salary of $56,910. It is also a fact that experienced lawyers are making more money.Jul 20, 2019

Why are dentists held to a professional standard of care?

Professionals have a higher standard than an ordinary person because they have to exercise a particular level of care, attention, and skill prescribed in the code of their profession. The standard of care is based on education and training.

What damages does a dentist have to pay for dental negligence?

When a patient suffers monetary loss caused by dental negligence, the dentist may have to cover economic damages such as: Past medical bills; Future medical bills; Loss wages if the patient missed work for the injury; Loss of future wages and earning capacity if the patient can no longer work due to the injury.

What defenses can a dentist raise?

A dentist, or other dental professionals, may raise the following defenses: Contributory negligence – Contributory negligence can be raised if the dentist can prove a patient acted unreasonably. This suggests the patient contributed to the injury.

What are the elements of a dental negligence case?

To be successful in a case against a dentist for dental negligence, a patient must prove the following four elements: Duty – Duty is what is owed to another person. A patient must show that a dentist had a duty to give them a higher standard of care.

What is the standard of care in negligence?

This is also known as the “standard of care” and is the standard measurement in every negligence case.

What is the definition of negligence?

Negligence is the failure to act in a reasonable way. The term “reasonable” describes an ordinary prudence person, or what is most common or appropriate to the general population. While negligence usually indicates a person acted unreasonably, it can also encompass the failure to act when there is a duty to do so.

Why is the standard of care higher for dentists?

This is because the standard isn’t an example of an ordinary person but to other professionals in a similar field.

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 dental malpractice a chore?

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 ...

Crandall & Pera Law, LLC

Award Winning Trial Lawyers, Crandall & Pera Have Recovered Millions in Verdicts and Settlements for Their Injured Clients. A Local Firm with A National Reputation.

Kampinski & Roberts, LPA

For legal issues concerning Dental Malpractice, let Kampinski & Roberts, LPA, a local practice in Cleveland, Ohio, help you find a solution.

Crandall & Pera Law, LLC

Crandall & Pera Law, LLC has experience helping clients with their Dental Malpractice needs in Cleveland, Ohio.

What is the duty of care in dental malpractice?

Four key elements comprise the core of a dental malpractice claim. The first is the duty of care, which arises from a dentist-patient relationship. Whether or not this relationship exists usually can be easily determined. The patient must demonstrate the appropriate standard of care in the circumstances. This consists of the actions or precautions that a competent dentist would have taken when treating a patient of a similar nature with a similar condition. Unless the malpractice was truly egregious, you will need an expert witness to prove this element. The expert should be familiar with the specific type of procedure that gave rise to the claim.

Why are dental malpractice cases so complex?

This is because most states require plaintiffs to meet certain procedural requirements, often including an affidavit of merit.

What is breach of duty of care?

A breach is an action (or failure to act) by the dentist that fell short of the standard of care. Causation means that the patient would not have been injured if the dentist had not breached the duty of care.

What do you need to prove malpractice?

Unless the malpractice was truly egregious, you will need an expert witness to prove this element. The expert should be familiar with the specific type of procedure that gave rise to the claim. You also will need your expert to opine on the third and fourth elements of the claim, which are known as breach and causation.

Can a dentist make mistakes?

There also may be cases in which a dentist commits errors while extracting teeth or treating infections resulting from a procedure like an extraction. If hygienists or other assistants of a dentist make mistakes that harm a patient, the dentist may be liable for failing to supervise them properly.

Can you get compensation for medical malpractice?

If you incurred expensive medical bills to treat the results of the malpractice, you can seek compensation for these losses. More subjective, non-economic types of harm like pain and suffering can also form part of your compensation award, as long as you can prove that they were significant.

Can a dentist be sued for medical malpractice?

Dental Malpractice. You probably think of doctors when you think of medical malpractice claims, but dentists and orthodontists often can be sued as well when they fail to meet the appropriate standard of care. Situations in which this may happen include when a dentist fails to diagnose a patient with a certain condition, ...

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.

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 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

Is dental hygienist malpractice?

In fact, the treatment provided to you by a dental care professional has to be below the acceptable standard of care that you should expect from a dentist, dental hygienist, or any other dental health care provider and the treatment has to cause serious personal injuries to you; otherwise, it can’t be considered malpractice.

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 most common types of dental malpractice lawsuits?

There are many types of injuries that could happen as a result of dental malpractice, but these are the most common types of dental malpractice lawsuits: Improper tooth extractions. Failure to diagnose conditions like TMJ or oral cancer. Lack of informed consent for procedures.

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.

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 a negligence lawsuit?

Negligence lawsuits involve harm caused by carelessness, not intentional harm. In a dental malpractice lawsuit, the plaintiff would need to prove these elements in order to make a successful claim: There was a dentist-patient relationship.

What happens when you make a mistake in dental?

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.

What happens if a dentist hits a nerve?

The proper procedure after this happens is for a dentist to either follow up with the patient to treat the injury or to refer them to an oral surgeon for additional treatment. Adverse drug reactions.

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

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 important communication between the dentist and patient. Comprehensive documentation also includes:

What is needed to make a successful case for dental malpractice?

In order to make a successful case for dental malpractice, an injured patient (and his or her attorney) will typically need to establish the following: the existence of a dentist-patient relationship. the appropriate medical standard of care under the circumstances.

What are the most common dental malpractice cases?

Some of the more common scenarios of dental malpractice include: 1 improper extraction of teeth 2 failure to diagnose various conditions (e.g., TMJ, oral cancer) 3 failure to properly treat complications of care (e.g., infection) 4 failure to properly supervise or oversee actions of employees (e.g., hygienists) 5 wrongfully administered anesthesia 6 failure to refer to a specialist, and 7 lack of informed consent.

How long does it take to file a lawsuit against a dentist?

The defendant dentist then has a certain amount of time to respond to the complaint (typically 20 to 30 days).

What is a clear dental record?

a clear record of the patient's history. a clear treatment plan (including documentation explaining the reason for any treatment for which the patient has been billed), and. notes 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.

What is dental fraud?

Dental fraud occurs when a dentist knowingly submits false claims to Medicaid or another insurance program. The fraud can range from creating false patient records, to “upcoding” or billing for more expensive services than were actually provided, to billing for services that were not provided at all.

What are the most common forms of dental fraud?

Some of the more common types of dental fraud are: performing and billing for unnecessary procedures. billing for procedures that were not performed. billing for substandard work. altering dates or entering false information on patient charts. paying kickbacks for referrals of Medicaid patients .

Do dentists get whistleblower rewards?

You May Be Entitled to a Whistleblower Reward. Most dentists are professional, decent people who truly care for their patients’ health and comfort. They have dedicated their lives to their patients. Some dentists, however, manipulate the insurance system for their own financial benefit.

Do you pay attorney fees if you win a whistleblower case?

If you have a viable case, no attorneys' fees will be charged unless you win. Your attorney will be paid out of the recovery or with an award of attorneys' fees against the defendant. The first step is to contact an experienced whistleblower attorney for a free and confidential consultation.

Is dental fraud a real problem?

Dental fraud can cause real harm to patients, many of whom are children. Dental fraud also costs us, as taxpayers, millions of dollars every year. If you are aware of dental Medicaid fraud, the government will pay you a substantial reward for helping to stop it.