How to File A Dental Malpractice Lawsuit?
The human mouth is regarded as a sensitive area that is full of nerves and particular bacteria. Mistakes that happen during dental treatments including extractions, canals, and implant procedures, might change your life and cause devastating injuries.
Therefore, when there is a need for oral surgeries, they must be performed with the utmost care and expertise as to minimize the risks associated with surgery. For example, dentists and periodontists use Articaine/Septocaine which is strong anesthesia used for extractions.
However, if given improperly, there is an increased risk of nerve damage and paresthesia. These types of injuries can lead to permanent injury of the mandibular nerve which can be very painful and debilitating.
In case you or your loved one has been a victim of such a mistake, please contact our Philadelphia Medical Malpractice Attorneys. The Law Offices of Samuel Fishman will provide you with a free initial consultation.
One of our Dental Malpractice Lawyers can help you get justice and obtain compensation for the pain and suffering caused by the carelessness of your dentist.
What Is Dental Malpractice?
People are often afraid to go to the dentist. For a number of reasons, many people fear the dentist’s office and their time spent in it. People especially fear getting the treatments or oral surgeries necessary for their health.
Any mistakes in dental procedures can have serious effects and lead to loss of taste, nerve damage, and injuries in the jaws. Dental Malpractice happens when a health care professional, specifically a dentist fails to offer a safe, effective, and reliable treatment that comes under professional standards.
Some professionals may commit dental malpractice acts such as failure to diagnose dental illness correctly or failing to treat the dental condition in the right way. For example, if a dentist administers the anesthesia incorrectly while a dental surgery is going on, it can result in serious injury or even death of the patient.
A medical malpractice lawsuit can be filed to hold the healthcare professional liable. A Dental malpractice lawyer can help you file such a lawsuit so that you may obtain compensation for your injuries.
Errors Made in Dental Malpractice in Philadelphia
During a dental procedure, many things can go wrong and have devastating effects. Dentists should minimize the risk of anything going wrong during dental care.
Dental negligence can lead to bacterial infections that may occur that can pose a threat to life. Many infections that start in the mouth then spread along the bones, and other parts of the body. Sometimes, it can lead to serious conditions such as osteoporosis for which antibiotics cannot be used.
Some of the most common errors that are made by the dentists are during some of the following procedures:
- Root canals
- Endodontic procedures
- Crown placements
- Tooth extractions
- Bridge treatments
- Dental injections
- Dental implants
- Orthodontics such as braces and others
- Oral surgeries
If you are a victim of dental malpractice, a Dental malpractice attorney could help get justice for you by representing you in court.
Common Forms of Dental Malpractice in Philadelphia
The smallest mistake made due to dental negligence can result in causing temporary or permanent injuries. In some cases, dental professionals might take advantage of their position for mistreating patients.
Some of the most common injuries due to dental malpractice in Philadelphia include:
- Broken or fractured jaws
- Nerve injuries
- Temporomandibular Joint Disorders (TMJ)
- Injuries of the tongue, jaw, lips, and chin
- Numbness
- Loss of sensation
Some of the common forms of dental negligence include:
- Delayed diagnoses
- Failure to diagnose
- Wrong use of dental tools and equipment
- Failure to consider patient’s medical history
- Extraction of the tooth without any requirement to do so
- Extraction of wrong teeth
- Prescription errors
- Anesthesia mistakes
- Wrongful death
- Molestation of a sedated patient
Dental malpractice insurance can help you avoid any additional distress due to dental malpractice. It will help you manage the expenses involved in the dental malpractice treatments.
How to Prevent Dental Malpractice?
The first thing to consider when choosing a dentist is his or her experience, qualifications, and reputation. There is added risk of malpractice in considering a dentist, who, for example, does not have obvious credentials or good reviews. It might lead to you choosing a mediocre professional who could cause you unforeseen harm in the future.
You may want to consider referrals when picking a dentist. If a person that you trust (e.g., friends, family, colleagues) have had good experiences and recommend a particular dentist, then that professional might be a good choice. You can also search online for dentists who have specializations in a particular field that is more relevant to you.
How Can a Dentist Be Sued for Dental Malpractice?
As per the Medical Practitioners Act of 2007, dentists are regarded as medical practitioners. Therefore, dental health professionals are obligated to achieve dental procedures by maintaining a certain standard of care.
When an injured party believes that he or she has been a victim of dental malpractice, a claim can be filed to hold the healthcare professional liable for the harm caused to you. In order to be successful in a malpractice claim, certain requirements need to be satisfied.
The expectation of standard reasonable care between a dentist and his or her patient is established due to dentists being considered medical practitioners. The first step of proving malpractice is to show that this standard of care has been breached.
To show dental malpractice, any one of the following must be evidenced:
- The dentist failed to provide the appropriate care according to the reasonable standards of care.
- The dentist had intentionally performed an act in a particular situation that was not expected or reasonable of any other health care professional under such a particular situation.
- The dentist provided specific treatment that went beyond the consent that was given.
- The injury to the victim was caused by the act of negligence or carelessness of the dentist.
If you have been injured and your quality of life impacted due to dental malpractice, legal action can be taken.
How Can A Dental Malpractice Lawyer Help Me?
When you are considering filing a dental malpractice claim against a dentist, it is important to have an experienced Dental Malpractice Lawyer on your side. Attorneys who handle dental malpractice claims often hold the highest standards in their field and frequently have a vast amount of knowledge.
An experienced attorney will be able to help you figure out if you actually have a case, how strong it is, and what your best course of action will be. There are many reasons why an experienced lawyer is beneficial for your case.
An experienced personal injury attorney will have handled similar cases. If you are thinking of filing a dental malpractice claim, there are many things that must be proved in order to win the case.
An experienced lawyer will know most or all of these requirements and can make sure they are met on your behalf. When you have a well-established attorney by your side, they can ensure that evidence is collected in a way to strengthen your case and will know the best experts to bring on board for testimony.
There are many different steps involved in suing someone for dentist malpractice, and it can be difficult to make sure you are doing everything correctly. Your attorney will know how to properly file a lawsuit with the court; what deadlines must be met; what forms need to be filled out; and what steps or evidence must be presented.
An experienced attorney will make sure that the claimed injuries fall within the statute of limitations, which is a time limit on when you can file a claim. So, if you or your loved ones have recently been injured due to dentist malpractice, contact us now at the Law Offices of Samuel Fishman!