Things You Should Know About Dental Malpractice Law

Dental malpractice can appear in several different forms, ranging from misdiagnosis to problems with anesthesia. The patient can end up with negative impact ranging from permanent damage to physical pain. 

When dental malpractice happens, the player often ends up faced with overwhelming bills, the recovery period is extended, and the consequences always affect life quality. This is why hiring a dental malpractice lawyer in Chicago is so important. The professional is going to help you out a lot in receiving the financial compensation you are entitled to. 

Dental Malpractice Law

Dental malpractice lawsuits commonly involve injuries arising from poor procedures. Common examples are tooth loss, nerve damage, complications with crowns and bridges, TMJ disorders, numbness, and even death due to undiagnosed oral cancer or improper anesthesia administration.

Like medical malpractice claims, successfully filing dental negligence litigation requires that you demonstrate four essential elements. These are the presence of duty of care, that it was breached, causation, and damages.

Duty of care

Dentists owe patients a duty of care that protects them from potential harm, so if a dental professional breaches this responsibility and causes injuries to a patient they can pursue compensation claims against that professional.

To successfully demonstrate malpractice, an accuser must establish four elements.

At first, a dentist-patient relationship must be established through various documentation – medical records and appointment cards among them.

Second, if a dentist violated their duty of care by making an error, this can be proven through testimony from an expert witness with experience in that particular procedure.

Thirdly, the error resulted in injury or worsened an existing condition. Proving this requires establishing the standard of care; which refers to what another dentist in your practice would have done under similar circumstances. An experienced New York medical malpractice lawyer should evaluate your case thoroughly.

Breach of duty

The first step of a dental malpractice claim is proving that your dentist had a duty to you that was violated, with assistance from expert witnesses familiar with the type of procedure being performed. The next step must be proving how this breach caused injury and financial losses to you as a result.

As dental work can involve some risk, it is advisable to work with an attorney experienced in reviewing dental records to identify any breaches in the standard of care that should have been protected against.

Finally, you must establish that your injuries were direct and foreseeable results of the dentist’s breach of his/her duty of care towards you. Again, this aspect can be complex; therefore it is essential to enlist help from an attorney when filing a claim against them.

Causation

Claimants who can demonstrate that their dentist failed in their duty to prevent foreseeable harm will be eligible to claim damages for their injuries, such as medical bills and lost income as well as more subjective forms such as pain and suffering. Furthermore, punitive damages may also be awarded in cases involving gross negligence or malicious intent.

Under certain conditions, other medical professionals involved in your treatment, including dental hygienists and assistants, could also be held liable for any harm you experienced as a result of their actions or inactions. Furthermore, your dentist’s clinic or practice could also be held liable if its policies and protocols contributed to negligent care that resulted in your injuries.

Medical negligence cases can be complicated and require substantial evidence in support of them. Consulting with an experienced dental malpractice lawyer will allow you to build your claim effectively so that you may recover all damages available to you.

Damages

As a victim of dental malpractice, you are entitled to fair and just compensation. A dental malpractice lawyer in Chicago can do wonders to help you. 

As soon as you’ve established that a dental professional owes you a duty of care, the next step will be proving it. This can typically be demonstrated through bookings, patient history records, and the paper trail created during visitations with your dentist.

Next, it is necessary to demonstrate that the dentist breached his or her duty of care and caused your injuries. Damages you can recover include medical expenses, lost wages, and the cost of repairing damage; in addition, non-financial compensation such as pain and suffering damages may also be awarded – though punitive damages are rarely awarded in settlement agreements.

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