Negligence of Dentists and Dental Professionals
Notice: Unfortunately, we are presently not accepting new Dental Malpractice cases at this time.
Keeping up with regular teeth cleanings and checkups is imperative in maintaining great oral health. While it is up to the patient to maintain good oral hygiene, there are times a dentist may not administer the proper treatment to the patient, resulting in temporary injury, permanent injury, or even death. If you have found yourself with an injury, or if someone has died as a result of a dentist’s malpractice, you or your family should talk to a personal injury attorney about your options.
Often patients do not consider their chances at a dental malpractice lawsuit; however, dental malpractice is a very real and, sometimes deadly, problem. Just as in a typical medical malpractice case, dental malpractice involves improper dental practices resulting in injury or death of the patient. Not only does dental malpractice take the form of injury or death, it can also be a failure of diagnosis or the misdiagnosis of a detrimental condition by the dentist.
The Basis of a Dental Malpractice Claim
An attorney can help in a dental malpractice case in two different ways. The attorney and client can work together to prove that the dentist failed to perform as other dental professionals would, either in disregarding the best interests of the patient or through intentional detrimental acts by the dentist.
When being seen by a dentist, it is their job to adhere to the approved care that you and the dentist have discussed. At no point should a dental professional provide treatment or care that is not outlined in your agreement, whether it be oral or on paper. If you are given treatment outside of what you approved, you may have a dental malpractice case on your hands.
Dental professionals cannot be sued based solely on your personal opinion of their work, however. There has to be an actual negligent event that takes place, some are mentioned below, to see the dentist. You as the patient must have the ability to prove either accidental or intentional negligence on behalf of the dentist or your case will be difficult to win.
The Law Provides a Remedy
While it may seem extreme, patients have died as a result of dental malpractice and severe negligence by a dentist. Sometimes too much anesthesia is administered, or the patient has a reaction to the anesthesia and nothing is done. A patient can go in for what seems to be a routine root canal, and end up with paralysis in their face or jaw, or an infection so severe it can result in death. The wrong use of dental equipment can cause trauma to the mouth and further cause problems for the patient. Even the inability to diagnose and treat an oral disease can result in the death of the patient. Rarely do patients run into an unlicensed dentist, but that is also a factor to warrant a dental malpractice case.
If you find yourself with a possible dental malpractice case, it is best to seek an experienced dental malpractice attorney. These types of cases are complex and are better suited for attorneys with experience in the field.
Call Kreger Brodish at (888) 820-5885 to speak to a Durham Personal Injury Lawyer today.