Dental malpractice refers to any harm caused by a negligent dental professional. Like other professionals, oral surgeons, and dentists are required to provide a high standard of professional care. If a dental professional does not uphold the required standard of care and that failure leads to harm on the patient may be liable for dental malpractice.
According to the law, dental malpractice and liability cases do not essentially imply that a dentist intentionally injured the victim. It is a requirement by the law that the patient proves that the dentist was negligent and that the injury resulted from the negligence. Duty of care, injury, proximate cause of the injury, and breach of duty are four elements that need to be proven for a dental malpractice case to be successful. The patient may sue the dentist for negligence, poor quality dentistry or misconduct. Proving damages is another vital element in a dental malpractice and liability case. Damages in such cases can be physical, financial, and non-economic.
Also, there is a statute of limitations for filing a dental malpractice lawsuit, and this varies from one state to another. These are strict time limitations within which one must act to avoid losing their right to sue. There are tort claim statutes in some states that require the injured party to make a formal notification to a public hospital or government-employed dentist regarding their claim within a very short period after treatment ends or after the suspected injury. The legislation on time limits is complicated and differ in various types of legal actions.
Root canal-related injuries, fracturing of jaws during dental extraction, deaths caused wrong dental procedures, failure to detect oral cancer, failed surgery, and failing to diagnose periodontal cases are some of the issues that can result in a dental malpractice lawsuit. Often, dental malpractice claims are complex in nature and difficult to prove. A dental malpractice attorney is a right professional to contact when you suffer a dental injury due to a wrongful procedure by the dentist. These lawyers are highly skilled and experienced and deal with the cases from the perspective of a dental professional and an attorney to help them examine them in a different manner.
The legal professional you hire will evaluate your particular situation and help you establish if you have a legitimate case. Some dental malpractice lawyers are former dental hygienists and this allows them to be fully knowledgeable of the various problems that may result from these malpractices. A legal expert specializing in dental malpractice and liability cases will help you understand the legal options available and offer the legal advice you need.
Competent legal representation and expert support from other professionals in the dental sector is also essential when proving your case.
Short Course on Professionals – Covering The Basics
The Essential Laws of Attorneys Explained