Contributed by Michele S. Mirman
There are many laws governing the practice of dentistry, from the policies and procedures that must be followed to the ethical behavior required of dentists.
Unfortunately, there are times when a dentist doesn't follow these rules and regulations, either because they are unaware of them or because they choose to ignore them. When this happens, you may want to talk to an attorney about filing a medical malpractice suit against the dentist in question.
Here's what you need to know:
Dental Practice
The main goal of dentistry is to restore or reconstruct teeth so that they no longer cause pain or discomfort. Dentists also diagnose problems with the teeth and gums such as cavities or oral cancer. Dentistry is one of the most common specialties among general dentists in the U.S., with over 60 percent of all dental care provided by dentists each year.
Dentistry involves more than just treating teeth; it also involves preventing disease conditions such as tooth decay by using fluoride treatments and proper brushing techniques. In addition to administering procedures like root canals, crowns, fillings and extractions, dentists also monitor the health of their patients' teeth through regular examinations.
When a patient receives bad treatment from a dentist or other healthcare provider, he may be entitled to compensation for his damages including medical expenses, lost income, pain and suffering caused by the negligent acts of another person.
Medical Malpractice Law Focuses On Duty Of Care
The duty of care is the standard of care that a professional is expected to provide to their patients. Dentists have a duty of care to their patients, and if they breach this, they may be liable for damages.
There are several ways that dentists can breach this duty:
- Improper treatment - This includes giving the wrong medication or surgery (e.g., performing unnecessary extractions) without warning their patient about any risks involved with doing so.
- Negligence - This occurs when an individual fails to take reasonable steps while working with another person (or object) under his/her control; these steps could include changing gloves between procedures or washing hands regularly during work hours before touching someone else's mouth parts or gums.
Dental Negligence in New York City
Dental negligence is one of the most common causes of malpractice claims against dentists in New York City. In fact, it’s been estimated that about 80% of all dental malpractice cases involve dental negligence.
If you believe your dentist in New York City has acted negligently, there are several laws that govern their practice. You can find the policies and procedures involved by consulting with a reliable malpractice attorney. Click here for the best medical malpractice lawyer new york city.
Dental negligence is a very common type of medical malpractice. It can involve a dentist failing to diagnose and treat a patient's condition in a timely manner, or misdiagnosing and treating the wrong type of pain. The most common form of dental negligence is failing to diagnose, but it can also involve misdiagnosis or improper treatment of pain. The most important rule is that dentists must follow all of these rules and regulations, otherwise they could be liable for medical malpractice claims by patients who were harmed as a result of their negligence. This includes not following proper sterilization procedures for instruments used during surgery or not following best practices when treating patients with gum disease or chronic bleeding gums (such as periodontal disease).
Proving Breach Of Duty Can Be Challenging
When a patient has an injury or illness, they are understandably concerned about the care they received. A dentist can play a critical role in helping patients recover by providing them with quality dental care. But if you negligently perform procedures or fail to diagnose and treat an issue, you may be held accountable for your actions.
A breach of duty can be challenging to prove, especially if you have no witnesses or documentation of what happened. This is why it is important to have legal representation when dealing with medical malpractice claims. A lawyer can help you gather evidence that proves negligence and damages your claim has caused your client.
It can be challenging to prove that a dentist breached their duty. To do so, you must prove:
- That the dentist incur failure to diagnose or treat a patient’s condition in a timely manner.
- That their actions caused you harm; or
- Failure to properly monitor and/or evaluate a patient’s condition.
- That they knew or should have known about any danger that comes with dental procedures (for example, if there was an infection).
If You're Injured During A Procedure, You May Be Able To Recover Damages
If you are injured during a dental procedure, you may be able to recover damages. You may be able to recover damages if the dentist failed to follow proper procedures or if he/she failed to inform you of risks.
If your injury occurred due to negligence on behalf of the dentist, then it is likely that he or she will be held accountable for any damage caused by his or her actions. In order for this scenario to occur, however, there must be proof that:
- The dentist was negligent;
- A mistake was made which affected your health; And most importantly:
- Your life was put in danger as a result of this negligence
For The Sake Of Your Wallet And Your Health, See Another Dentist First
If you are presented with a claim for medical malpractice, it is important to remember that this is only one facet of your health care. Your dentist should be able to provide you with information on other dental specialists in the area who may be able to treat your injuries or illness.
When choosing another dentist, it is important to ask questions about their experience and qualifications before making an appointment with them. The best way to do this is by asking if they have any established relationships with other dentists in your area who specialize in specific areas such as braces or implants; this can help ensure that when dealing with someone unfamiliar with these procedures (and potentially dangerous ones), there won’t be any confusion later on down the road when treating patients who come from different backgrounds than theirs - especially those involving children!
Medical malpractice laws govern how dentists treat their patients.
Medical malpractice laws govern how dentists treat their patients. According to the American Dental Association, the risk of a patient getting injured through a dental procedure is 1 in 200. Dentists are required to follow certain rules and regulations when performing any type of dental procedure. Failure to do so can lead to a lawsuit by the patient or the family of the patient who may have suffered from an injury due to negligence on behalf of the dentist.
Dentists are required to provide care with reasonable care, skill and judgment. They must also keep track of any medications given to patients during procedures so that they are not taken by accident or overdose.
In addition, dentists must make sure that they have all necessary equipment before beginning any procedures on patients' teeth or gums. Any damage caused by improper use of equipment will be considered negligence on part of the dentist who could be faced with costly fines and penalties if found guilty of such actions.
Conclusion
Medical malpractice laws govern how dentists treat their patients. If you are injured during a procedure and your dentist did not follow proper procedures, he or she could be held liable for damages. This can happen if the dentist negligently performed treatment that resulted in an injury to you or someone else, or if there was a clear breach of duty on his part. In either case, a medical malpractice suit may be filed against him by your family members or loved ones who have suffered from his actions.
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About Atty. Michele S. Mirman
Michele S. Mirman is the founding partner of Mirman, Markovits and Landau in addition to being an award-winning personal injury lawyer with over 43 years experience. She has won over $1 billion in awards and settlements for her numerous, long time clients. Michele is known as a tough negotiator and an excellent trial lawyer. She has served on judicial rating committees for different New York State organizations, earned Lifetime Achievement to America’s Top 100 Attorneys, is recognized as a high stakes litigator and enjoys an outstanding 10 ranking from Avvo.