32 brothers are creating your confident and Hollywood smile. To take care of them you visit a dentist for regular check-ups and perform the necessary activities to keep them healthy which is crucial. But it may happen that you don’t know a certain dentist to visit and become a victim of a dental malpractice. This is defined as “an avoidable injury caused by a dentist who fails to take the proper care. Any case where a dentist has performed poorly, negligently or inappropriately which results in avoidable harm being caused to a patient can lead to a dental negligence compensation claim.”
Common dental malpractice
When you don’t have your family dentist whom you visit for years in any tooth concerns, the possibility of getting into trouble with your new dentist is rather high. There are common mistakes which the majority of dentists make causing you extra troubles up to legal claims. Let’s take a look at the most actual 10 dental malpractice examples:
This is a rather widely made mistake during which the dentist may extract a wrong tooth or cause some infections. Sometimes the infection may also lead to some serious health concerns and even death…
Negligence during endodontic procedures may lead to such complications as infections requiring hospitalization, instruments broken in canals, nerve damage etc. The infections, for example, may cause even brain damage…
Another dental malpractice comes forward because of implants. This kind of negligence may lead to postoperative infections, fractured jaw, an implant placed in nerves and so on.
The complaints, which this group of medical malpractice includes, refer to open margins, overhanging restorations, poor occlusion etc.
This type of negligence is because of failure to diagnose the real disease in time. In many cases, proper X-rays are not taken and periodontal probings are not recorded at all.
Medical malpractice of orthodontic origin may result in treatment complications or the subset of root restoration. The patient may lose the teeth and not only…
Complications in dental anesthesia have a close connection with extractions. Unfortunately, this may lead to a fatality in many cases…
This category is one of the most common cases in dental malpractice. The all above-mentioned mistakes may lead to infection causing brain abscesses, arthritis, and death…
The wrong injection may affect other nerves as lingual, alveolar etc. This type of malpractice may be because the doctor hits the nerve and doesn’t withdraw the needle to re-inject properly.
Adverse reaction to drugs
Before injecting any drug, the doctor should be aware that it is not contraindicated for the patient. The wrong drugs may cause allergies and some more dangerous results.
Any dentist, may it be a general dentist, oral surgeon, periodontist or else, all may make dental mistakes with non-reversible outcomes such as poorly placed dental work, botched dental surgery, nerve damage, loss of taste and sensation etc.
What to do as a victim
Each of us can be a victim of dental malpractice. If you face it and have a valid legal case against the “perpetrator” who harmed you, then the court may order a compensation for you. Or, in the case when your family member underwent malpractice and lost his/her life, you as a survivor and representative may demand compensation for the fatal injury. But before filing any claim, you should be sure that your case refers to a dental malpractice. For an accurate legal support, you need an experienced attorney. He/she will determine whether it is worth submitting a claim or not. The attorney should be specialized in medical negligence cases of the state where you received the injuries.
Dental malpractice lawsuit
To file a lawsuit you need to gather a proper documentation. Your dental record should cover exact chronology of events, treatment plans for the future, and the most important communication between the dentist and patient. Consequently, your documentation should also include:
- A copy of a written consent for the performed procedures
- A clear record of the patient’s history
- A treatment plan, i.e documents which explain what treatment the patient took and how much was the bill
- The notes which were made during the patient’s treatment
For strong defense, you need to submit all the documents, because missing pages, inconsistencies or else will be problematic for your case.
Statute of limitation
As soon as you face an incident of dental malpractice, don’t hesitate to start a legal case against the negligent doctor. In the United States, there is a time limit during which you can file a medical malpractice lawsuit. The Statute states the exact time limit. Depending on the type of malpractice and ruling jurisdiction, the length of the time period varies. Consequently, each state has different time limits. For example, in California, the statute of limitation for dental malpractice is defined in the Code of Civil Procedure (Section 340.5).
The Section defines: “ In an action for injury or death against a health care provider based upon such person’s alleged professional negligence, the time for the commencement of action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have.” For thorough data see the Code.
Actually, the incidents of dental malpractice are of individual nature, and only with the help of a skillful and reliable attorney, you as a victim or survivor can handle the case with the result you seek. Our attorneys are always ready to give a helping hand, just call.