when should i get a lawyer for bad dental work

If the dentist did a procedure you did not approve, or the work they did caused an unexpected injury, such as permanent nerve damage, you should explore a dental malpractice claim. Keep in mind that soreness after the dentist can be expected and last weeks.

Full Answer

Can I sue a dentist for bad dental work?

Oct 14, 2016 · 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 malpractice, you must consult your legal attorney and specify your conditions and concerns to evaluate your possible claims.

Do I need a lawyer for a dental malpractice case?

Dental malpractice attorneys work with patients who have been injured as a result of a dentist of dental office's staff member's negligence or recklessness. Dental malpractice attorneys assist patients who have suffered traumatic injuries and don't know where else to torn.

What should I do if my Dentist gives me bad dental work?

Resources to Assist with Disputes. Alabama Dental Association. 501 Arrowhead Dr. Montgomery, AL 36117-4133. studstill@aldaonline.org. Alaska Dental Society. 9170 Jewel Lake Road Suite 203. Anchorage, AK 99502-5390. info@akdental.org.

What can a dental attorney do for You?

To emerge a small claims winner, you'll need to prove not only that your first dentist failed to meet your standards, but that he or she failed to use ordinary professional skills in doing your crowns. (In other words, your dentist committed dental malpractice .) Unless the dentist's failure was staggeringly obvious, proving this may require ...

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 the most common reason patients sue dentists?

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.Nov 17, 2017

How do you win a dental malpractice lawsuit?

A dentist-patient relationship existed between the plaintiff and the defendant. The dentist (or other practitioner) should have been aware of the appropriate medical standard of care under the circumstances. The standard of care was breached by the dentist, causing (or exacerbating) injury to the patient.Nov 11, 2020

What is classed as dental negligence?

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.

What are the dental standards in Michigan?

In Michigan, these regulations and standards are summarized by the Michigan Dental Association and can provide a baseline for understanding the professional obligations these medical professionals have in providing dental care and services in Michigan.

How long does it take to file a medical malpractice claim in Michigan?

In Michigan, medical malpractice injury claims may be filed within two years of the dentist’s act — or failure to act — that is the source of the claim. The law also makes provision for a claim based on discovery after the fact. In such cases, the claim must be filed within six months of when the injury was discovered.

What are the factors that affect malpractice?

In general, the factors considered in medical and dental malpractice claims include: 1 The duration and severity of your complications 2 The costs associated with additional surgeries and treatments 3 Lost income as a result of complications 4 Whether the injuries and/or disfigurement are temporary or permanent

Where is Mark from?

Mark is a freelance writer living near Concord, New Hampshire. He works with a range of businesses and professional associations in their strategic messaging and content development projects. He also provides content development services to nonprofits and government agencies, helping them distill complex topics and make information more accessible across multiple platforms. When he’s not writing, he enjoys working outside and finds mowing his fields on a warm sunny day to be a peak experience.

What are the causes of tooth loss?

Orthodontics. Corrective treatments (braces) that aren’t done properly can result in tooth loss, root complications, and infection. Periodontal Disease. A dentist’s failure to diagnose and treat gum disease, or bungled or disfiguring gum surgery performed to fight periodontal disease. Cancer.

Is dentistry a science?

While the practice of dentistry is not an exact science, and a host of variables can come into play depending on the treatment or procedure in question, there are many cases on the books where a dentist has clearly crossed a line and violated the standard of care.

How does malpractice work in dentistry?

A dental malpractice case begins by looking at the duty the dentist has to the patient. In a dental care case, this element is almost always satisfied by the fact that there’s a physician-patient relationship between the dentist and the patient. Because the dentist is there to treat the patient, they have a duty to provide reasonable, competent, ...

What is dental malpractice?

Most dental malpractice claims are based on negligence. Negligence is a failure to exercise ordinary care that falls below the standard of what a regular, competent dentist should use in the same circumstance. There are four elements of a dental malpractice case:

Is dental malpractice a bad thing?

A dentist doesn’t have to be perfect, but they must do a competent job managing all aspects of your care. Dental malpractice isn’t just a bad outcome. It’s the harm that results because your care provider makes unacceptable errors.

Can you file a claim for dental malpractice?

If you need more medical care because of bad dental treatment, you probably have increased medical bills and maybe also lost wages, too. You may be able to claim economic damages as well as damages for pain and suffering. If all of these facts are present in your case, you may have a claim for dental malpractice.

Does Florida have medical malpractice laws?

Yes, dentistry malpractice counts as medical malpractice for the purposes of compensation under Florida law. If you’re hurt by dental malpractice, you have the same rights to recovery that any other victim has according to the laws in Florida. A dentist is a trained medical professional. Both they and their assistants must provide competent care ...

What happens if you are a victim of dental malpractice?

Being a victim of dental malpractice can also cause emotional suffering and cost you in medical bills or missed work. Your attorney will help you decide how much money to ask for. It should cover bills, missed wages, and possibly extra money for your suffering. 4. The dentist's error was the cause of your injury.

How long can you sue for malpractice?

Most states have a two-year limit, also called "statute of limitations.". These laws can vary by state, but two years is standard for malpractice suits. You can prove this by showing when the appointment happened and when you had the injury or pain assessed by another dental professional.

What is a medical malpractice claim?

You suffered an injury. This is called "damages" in a medical malpractice claim, and it covers both the injury that was done to you and the money you want as compensation. Physical pain and suffering can be easy to document in doctor visits or procedures to fix the pain.

What is a breach of duty?

What the dentist did was wrong. This is called a "breach of duty" and means the dentist did not follow an acceptable standard of care. Think of it this way: If another competent dentist would not have done what your dentist did, you may have a good case.

Can you sue a dentist for malpractice?

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 ...

Filing a complaint

The first thing patients should do if they feel that their dentist has given them poor dental work or engaged in unethical or negligent behaviors is file a complaint with the dental board in their state.

Filing a malpractice suit

If you are ready to file a lawsuit, you first need to find an experienced attorney to handle your malpractice case. It is unusual for a dentist to be willing to settle a malpractice case without going to court.

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.

Dental Malpractice Attorneys

Dental malpractice attorneys work with patients who have been injured as a result of a dentist of dental office's staff member's negligence or recklessness. Dental malpractice attorneys assist patients who have suffered traumatic injuries and don't know where else to torn.

How can a Dental Malpractice Lawyer Help Me?

If you or a loved one has suffered an injury in a dental office a dental malpractice lawyer can provide significant help. For example, your dental malpractice lawyer will help you get better treatment from an alternative dentist.

Filing a lawsuit against your old dentist is possible, but proving that their work failed to meet the standard duty of care could be difficult

Filing a lawsuit against your old dentist is possible, but proving that their work failed to meet the standard duty of care could be difficult.

Question

My dental work had to be repaired because of the poor workmanship of my former dentist. Can I file a claim in small claims court -- seeing as how I had to pay for the same crowns twice?

Answer

Of course you can file. However, the more important question is: Can you win? To emerge a small claims winner, you'll need to prove not only that your first dentist failed to meet your standards, but that he or she failed to use ordinary professional skills in doing your crowns. (In other words, your dentist committed dental malpractice .)

Robert Don Fink

Youmay have a case. You should speka with a local lawyer. You will need an expert to testify that the work fell below the standard of case.

David J. McCormick

Before any attorney will consider taking your case they need to know there is a dentist that will testify that the $40,000 of dental work fell below the standard of care. You shold also ask the dentist if they would be willing to testify foro you if they opine there was malpractice...

Marc Edward Stewart

First, see another dentist and have them assess you and the work done. Depending in what you learn, you may want to visit with a local Florida lawyer that handles medical/dental malpractice. However, your state chose to pass sweeping anti-patient tort reforms. Many lawyers can no longer accept these types of cases. Good luck.

Peter Adam Shapiro

Hello. I would recommend that you see another dentist for an evaluation to find out if what the "problem" dentist did was wrong (fell below the standard of proper care for dentists).