If you've been injured by a dentist, dentist's assistant, or dental hygienist, you should talk to an experienced personal injury attorney about your case. Dental malpractice is a serious issue that can cause serious damage to the patient's health and well-being. If you feel that your dentist negligently caused you harm, it is important to know what legal options are available to you.
What is a Dental Malpractice?
A dental malpractice lawsuit is a civil action that can be filed in court by a patient or a family member if they believe that their dentist has not done the best job possible to provide treatment. When filing a dental malpractice claim, the patient must prove that the dentist acted with negligence and caused injury to them.
The first thing you should do if you think your dentist may have committed professional malpractice is contact an attorney. Your trusted mcallen personal injury attorneys can help you understand what the law requires and how to proceed with your case.
You should also find out if your dentist has insurance coverage for malpractice claims. Although most dentists do carry insurance, it may not cover all types of damages or cover all types of injuries caused by their negligence. Therefore, it’s important to make sure that you are covered under your policy before any work is done on your teeth or gums.
If you have been injured by a dentist through no fault of your own, such as being hit by a car while visiting your dentist at his office or being bitten by an animal while waiting for treatment at the dentist’s office, then you should file an injury claim with your insurance company as soon as possible.
What if I'm not sure I was injured by the dentist?
You may not realize that you were injured until weeks or months after the incident occurred. In some cases, an innocent mistake might be all it takes for you to realize that something went wrong at the dentist's office and cause severe pain and suffering from the accident. But even if this is not the case, there are still ways for you to receive compensation for damages caused by negligent acts of dentists and other medical professionals who work in our state and federal governments' offices of health care facilities (i.e., hospitals).
Proving Dental Malpractice
Proving dental malpractice is not a simple process and it can be difficult to prove that your case has merit. The most common type of dental malpractice lawsuit is for medical malpractice. This means that a patient has suffered an injury at the hands of a doctor or other health care professional. For example, a patient may have received improper treatment during an operation or received an infection after having oral surgery.
Dental malpractice cases are often based on the following:
Failure to diagnose. If a doctor fails to properly diagnose a condition, this can cause serious harm to the patient. For example, if a doctor fails to diagnose cancer, this can lead to more advanced disease and ultimately death.
Wrongful treatment. You or your loved one may have received a wrong diagnosis or treatment from an oral surgeon or dentist. You may have suffered from a disease such as cancer that was misdiagnosed as gum disease. The dentist or oral surgeon may have failed to diagnose the disease properly and therefore caused you to harm by performing unnecessary procedures on you. Your injuries could also be related to another person's negligence in relation to your medical care.
Negligence. In some cases, an oral surgeon or dentist might be negligent in performing their job duties properly, causing harm to another person through their mistakes during treatment or malpractice. For example, if they performed an unnecessary procedure on you, they may be found liable for damages if they did not use their best judgment while performing their duties as a professional in this field of medicine. Negligence in administering medications or treatments in a negligent manner. If someone takes medication prescribed by their doctor and has an allergic reaction from it, this could be considered negligence on the part of their doctor and may result in liability for damages caused by their negligence.
Dental Malpractice Claims Essential Procedures
A patient who has received improper treatment may be able to file a complaint with the state dental board alleging that his or her rights were violated by the dentist. If these efforts do not result in resolution, then it may be necessary for an attorney representing both parties to try to reach an out-of-court settlement before going through with formal proceedings at a state or federal court level. The procedures are as follows:
1.You should receive a written notice that outlines the dental malpractice claim you have filed.
2.The notice will tell you what happened and when it occurred, along with any details of the case.
3.You will also receive a copy of all documentation related to the claim at this point in time, including medical records and x-rays.
4.Your case will be assigned to an attorney who will then work on it for you until it is resolved in your favor, either through payment or dismissal of your claim altogether.
How can a personal injury attorney help?
Although you may be nervous about talking to a personal injury lawyer, the fact is that they can help. A personal injury attorney will be able to explain the legal process and what to expect. The attorney will work with you to gather evidence, so you can present your case in court. They can o guide you through the process of filing a claim, making sure that your rights are protected and that you receive the compensation you deserve.
Personal injury attorneys are trained to investigate claims and make sure that their clients receive fair compensation for their injuries. In addition, they have a lot of experience in dealing with insurance companies, so they know how to handle negotiations and resolve disputes.
If your dentist has harmed you in any way, you need a personal injury attorney who understands the intricacies of dental malpractice cases. You might be able to negotiate with your dentist and get him or her to pay for the damages that he or she caused through negligence or carelessness.
Story from McAllen, TX – Atty. Moore.
Since establishing Moore Law Firm, Mr. Moore has recruited some of the top legal minds in the state to represent plaintiffs for personal injury and property damage insurance claims. Over his notable legal career, Mr. Moore was named a Multi-Million Dollar Advocate, one of the Best Attorneys of America, received the second largest products liability verdict in Texas, and currently Lead Liaison Counsel In Re: Fraudulent Hospital Lien Litigation, MDL-15-0360. Moore Law Firm seeks to practice law and represent clients aggressively as Mr. Moore has established himself as a distinguished litigator in South Texas.