Dental Malpractice

The numbers of dental malpractice cases continue to rise as individuals file lawsuits for unsatisfactory dental care annually. Because of this dentists are required to carry dental malpractice insurance as a means to cover their practice in the event a patient files a complaint. Just imagine, you go in for a routine appointment or annual checkup, or perhaps, to get a root canal and end up with permanent nerve damage, or prolonged facial paralysis. Can it happen? Of course it can and it does in clinics throughout the country. If you are suffering from unsatisfactory orthodontic work that you cannot get resolved or if you are suffering chronic facial pain because of damaged nerve endings, dental malpractice lawyers can help you file a claim.

A lot of the cases filed against dentist can be resolved if the patient who received the work is cosmetically unpleased with the work. When a Periodontist or Orthodontist is willing to work with you until the expected result is achieved with post corrective care, a claim should never see a courtroom. Examples of this could be not feeling good about the way your teeth look after getting your ceramic braces removed resulting in the look of a bad teeth appearance. In cases of outright dental negligence, a patient can become a victim in many ways. The use of un-calibrated equipment, outdated instruments, failing to perform correct procedures and inflicting personal injury to mouth and gums are all types of claims a patient can file a claim for. Problems can arise when any type of cosmetic dentistry services are performed from getting implants

Sometimes a person can experience inappropriate behavior while they are asleep or under anesthesia. When this happens it becomes a case of dentist rape where criminal sexual harassment charges should be filed and a lawsuit launched. If you suspect your dentist touched you inappropriately, discuss the matter with them and seek out an attorney. Most of the time this behavior is avoided when there is an assistant in the room.

A lot of lawsuit settlements are never negotiated in a courtroom setting but settled over the phone or in private meetings with the practitioner, an insurance agent and perhaps a dental malpractice attorney who acts as a mediator to remedy the claim. While a lot of cases involving lawsuits involving cosmetic dental implant surgery or from dentist pulling the wrong teeth, every now and then you will hear of stories of death cases that happen. Although rare in the industry, they do occur and when this happens, the use of a general anesthesia is usually the primary cause. The technician could be a fault or the equipment could be the reason. Sometimes it’s due to administering the wrong anesthesia or incorrect dosage. Some patients have experienced allergic reactions while getting teeth pulled going though wisdom teeth removal. When a case ends in death, these cases usually find their way into the court system as members of the family seek for some sort of dental malpractice settlement.

For not involving death, try to resolve your complaint with your dentist. They are sympathetic to your concerns and most will do their best to accommodate you. A lawsuit is not always needed to resolve a complaint. Just sit with your dentist and explain your concerns and tell them how you feel. He or she will then ask you a few questions and schedule a post examination to evaluate the complaint. If your dentist is not will to amicably work with you, then you have to elevate your complaint by taking legal action. This means that an attorney will have to get involved and a lawsuit will have to be opened. To help you attorney, it is important to document everything and to include all office visits, diagnosis, prognosis and type of dental treatment you received. If you can get a copy of your dental records then that will help immensely. If there were witnesses present such as a nurse or dental assistant, get their names in the report too.

Sometimes dental problems have far reaching consequences. You could end up missing work because of the issue. It is advisable to jot down all missed days of work and lost wages you encountered and have your supervisor or manager sign it. When you are unable to go to work because of an oral issue, a workers’ compensation claim may have to be filed on your behalf. The company you work for will probably contact the practitioner’s dental malpractice insurance company to file a claim for missed wages. If you run into stumbling blocks, a lawyer can help you with this process so you can get all of the entitlements which are accordingly due.