When dental injury causes serious complications, the standard of care owed by the dentist is no longer merely meeting professional expectations; instead it is ensuring that your injuries are properly diagnosed and treated. This may seem like an obvious statement, but the point becomes especially important in cases where you have only one doctor to hold responsible for all your problems.
Your Rights in a Complex Dental Injury Case
If you have been the victim of a dental injury, it is important to fully understand your rights under the law. In particularly complex cases where treating doctors disagree about what caused an injury or how to properly treat it, you need answers to the following questions:
- What is the standard of care that my dentist was required to meet?
- How can I demonstrate that this standard has been breached?
- Are there any limitations on who I may hold responsible for my injuries?
What is Dental Malpractice?
Dental malpractice is a term used to describe an accident which occurred during dental treatment. Malpractice can involve any type of mistake, whether it be something minor or serious. Dental negligence, on the other hand, is defined by failure to act with proper care toward others. A dentist may be cited for neglecting to notify the patient of.
My Dentist Denies Responsibility for my Dental Problem. Am I able to Sue For Damages?
The dentist is responsible for dental malpractice in the event that they are negligent during procedures or in diagnosing a problem. A patient may seek recovery from damages when an injury occurs due to the doctor’s negligent actions.
All dentists must carry malpractice insurance in case of errors in surgical work, mistakes, or failure to diagnose. The fact that a dentist carries malpractice insurance proves that he or she has a financial responsibility to the patient and the community.
When you visit the dentist, his assistants frequently go over risks and other considerations with you. They will often ask if you have any questions in order to be sure you understand what they are telling you. Because of this , it is possible that their wording will include language similar to “if there are no questions, sign here.” If so, do not take this as an indication that you cannot pursue a lawsuit for malpractice . The consent form simply means that the patient agrees to the treatment discussed at that time; however, it does not mean that if something goes wrong later on then he or she must seek damages through arbitration instead of filing a medical malpractice claim.
