Dental Malpractice
If a patient is not properly diagnosed or treated for a dental problem, significant health issues can occur including death. This is what is known as dental malpractice. If a dental provider fails to diagnose or delays in diagnosing a disease, this can also be considered dental malpractice. Surgical errors, not treating an oral health condition properly, or just not treating it at all are also all considered potential dental malpractice cases.
For dental lawyers to consider a person’s malpractice claim viable, the dental provider must not have acted “reasonably” (which means that a reasonable/prudent dental provider would not have acted in the same manner and that the act caused significant harm.) These cases tend to be some of the most complicated of all malpractice cases that are tried and require an experienced dental malpractice attorney to comprehend and present pertinent facts to make the right links between the act and the legal issue.
There are two key types of dental malpractice cases:
- Those where a dental provider or his/her staff worked directly on a patient.
- Those where the problem was caused by a dental product.
Both case types require documented written evidence. The more evidence a client can bring to his/her lawyer to help prove the claim, the more positive the outcome will be. Documentation should include dental care, related symptoms, injuries, dates of treatment and any other pertinent facts.
With respect to documentation, you will need to have a copy of the client dental records. The client or a family member needs to always verify the accuracy of the records. Also, when sending in a request for dental records, try not to draw attention to the fact that the request is from a law office. This can cause issues, delays and potential “loss” of the records.
Finally, be aware of the informed consent laws in your state. Informed consent simply means a patient’s right to choose what does or does not happen to their body. What is usually being spoken of in court is a document that is signed while a patient sits in the waiting room. Many times the court will not hold these documents as binding; however, review case history for your state. Remember, only the patient or guardian has the right to consent or refuse treatment.
If you are looking for a dental malpractice lawyer, look for the following things:
- Do they specialize in Dental Malpractice
- Have they had cases similar to yours?
- Did they win them?
- Are you comfortable with them?
- Is the firm financially solvent?