What Constitutes Dental Malpractice?
Dental malpractice is constitutes the many injuries that can occur while under the care of a dental health provider. These injuries or lack of medical care can be purposeful or not, but in order for a case to be considered valid, significant injury must have occurred. Each state has different definitions and guidelines for dental malpractice, and if you believe you are a victim, you should seek out additional guidelines for pursuing a case if you so desire.
Definition
While each state has varied definitions as to exactly what constitutes dental malpractice, there are a several things that are included in almost all definitions, regardless of the state in which it occurs. Malpractice itself lends its definition to the inadequate, negligent, or incorrect work of a medical physician or healthcare provider. Dental malpractice is more specifically defined as negligence when performing dental work, misdiagnosis or failure to diagnose a condition, failure to treat a condition, or misconduct of any kind from the dentist or oral surgeon.
In-Office
Dentists and oral surgeons perform procedures in their offices on a regular basis, and most often, everything goes routinely as expected. However, on occasion there are things that can occur inside of the office, or during a visit that can result in dental malpractice. Some of these things include delaying or neglecting to diagnose disease or condition, treatment that is incorrect or delayed for a specific dental problem. These may also include injuries to the teeth, gums, or mouth as a result of improper use of equipment and materials. Each of these things is evident during the visit or prior to leaving the office, and should be addressed if possible, prior to leaving the dental office.
Out of Office
Sometimes, dental malpractice will not be obvious prior to leaving the dental appointment, and injury may be noticeable at a later time. Some of these examples include infections following a dental procedure, numbness due to nerve damage, or misalignment because of the way a procedure was done. In rare cases, death occurs and this is known as wrongful death because of a serious injury as a result of dental malpractice.
Malpractice Attorneys
Malpractice attorneys are numerous in most areas, and can be found using the phonebook, internet, or by reference from someone you know. They are attorneys trained to deal with medical malpractice suits, and those who take dental malpractice cases are specifically trained to handle dental suits. Their job is to listen to your story, and determine whether or not you have a viable case that is likely to win in court. If they take your case, they will help you gather evidence that will help you win your case, and make an attempt to provide you with a monetary settlement that will help to offset the damages you incurred while under the care of your dentist or oral surgeon.
Lawsuits
In order for most lawsuits to be valid, the legal team must be able to prove that the act caused serious or significant injury, and that the act committed must have intentionally or unintentionally been one that another provider would not have done in the same situation. In other words, genuine mistakes are often not viable for lawsuits, as a dentist or oral surgeon acting appropriately may make them in general practice. More often than not, the reasonable risks and likelihood of outcomes that may occur are provided in a disclosure statement that the patient must sign prior to receiving treatment, and thus these are often not grounds for a lawsuit.
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