when should i get a lawyer for dental work

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.

Full Answer

Should I call a lawyer after a dental procedure?

A Dentist's Guide to Selecting a Lawyer. Sometime during your professional career you may need to hire an attorney. Your search should start with the question: “Why do I need an attorney?”. Some attorneys practice more as generalists, while others practice in specialized fields of law. Deciding what kind of lawyer you need is not the end of your selection process, but the beginning.

What can a dental attorney do for You?

Improper use of dental instruments, or improper administration of anesthesia; Improper or unnecessary treatment; Severe oral infections; Misdiagnosis; and/or. Unnecessary surgery. It is possible to sue a dentist for nerve damage. Severe nerve damage to the face, lips, jaw, or tongue may constitute a lawsuit against a dental provider.

Do I need a lawyer for a dental malpractice case?

 · 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. Dental Malpractice Cases Require Proper Documentation

Why do dentists have a legal duty to patients?

They need to take dental treatment as part of smooth oral communication, take the taste of the food, and feel comfortable with the tooth as well. when you lose a tooth due to tooth decay, cavity, and gum disease, you need to go proper treatment plan to make sure you can have a full of smile on your mouth.

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.

What is the legal duty of a dentist?

As such, dentists have a legal duty to their patients to concentrate on what they are doing at all times, and ensure they are working within their scope of practice. Failure to do so could lead to an instance of dental malpractice.

Can you file a lawsuit for dental malpractice?

What this means is that, generally speaking, dental injuries are not considered substantial enough to constitute filing a lawsuit. Dentists must maintain a professional standard of care when working in and around a person’s mouth.

Can a dentist sue for malpractice?

Suing a dentist for medical malpractice will likely utilize the same legal principles as personal injury torts. The injured party (known as the plaintiff) must prove the following elements in order to be successful in a lawsuit against the dentist (known as the defendant): Duty: The dentist must owe a duty to you.

Why do dentists sue?

Examples of reasons to sue a dentist include, but are not limited to: Failure to detect or diagnose periodontal diseases; Failing to properly examine a patient for specific dental disorders, such as oral cancer; Exceeding the scope of consent for treatment; Improper use of dental instruments, or improper administration of anesthesia;

Can you sue a dentist for nerve damage?

Improper use of dental instruments, or improper administration of anesthesia; Improper or unnecessary treatment; Severe oral infections; Misdiagnosis; and/or. Unne cessary surgery. It is possible to sue a dentist for nerve damage. Severe nerve damage to the face, lips, jaw, or tongue may constitute a lawsuit against a dental provider.

What is a breach of the standard of care?

Standard of Care Breach: The plaintiff will need to prove that the dentist acted below the applicable standard of care. A dentist must act in a way that other dentists would act under similar circumstances, who have basically the same education and knowledge.

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.

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 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 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.

Do you need an affidavit before a lawsuit?

In some states, it may be necessary to obtain an affidavit from a health care practitioner saying that the lawsuit has merit before the lawsuit can be filed. It is also beneficial, in some states, to have a favorable ruling from the state board of dentistry before bringing a claim.

What is the medical standard of care?

The second element, the " medical standard of care ," means the level and kind of care that a similarly-skilled dentist in the community would have provided under the same treatment circumstances.

What is included in a dental record?

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: a copy of the written informed consent for any procedures that were done. a clear record of the patient's history.

What is comprehensive documentation?

Comprehensive documentation also includes: a copy of the written informed consent for any procedures that were done. 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.

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, ...

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.

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 is negligence in dentistry?

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:

How to win a malpractice case in Florida?

To win a case for dental malpractice in Florida, you must show that your dentist acted negligently, recklessly or intentionally in a way that caused you physical injuries. 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, ...

Can a dentist lose his license?

In extreme cases, the dentist may lose his or her license to suspension or revocation. Patients can also take their dentist to court as part of a malpractice lawsuit. This requires an experienced attorney that knows the malpractice laws and who can stand up confidently against dental insurance lawyers.

Is dental malpractice common?

But still, dentist malpractice is very common. Knowing when to call a lawyer can be important, if you have been injured by your dentist. Insurance companies do not release data regarding the prevalence of dental malpractice claims.