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Dental Malpractice

Medical Malpractice Lawyer

Many people are aware of what medical malpractice is. When a doctor or other medical professional is negligent and that negligence causes injury or illness to the patient, that medical professional can be found guilty of medical malpractice. The patient is entitled to receive financial compensation for all of the losses the malpractice has caused them.

But it is not just medical professionals that can be found guilty of malpractice. When the treatment you receive by a dental care professional is below the acceptable standard of care and that care has caused you serious injury or illness, then you are a victim of dental malpractice.

In order to sue a dentist for malpractice, your malpractice attorney must be able to prove to a jury (or judge) that you suffered an injury as a result of the dental professional’s negligence or unacceptable standard of care. The attorney must prove four elements in order to be successful:

  • There was a duty of care between the dentist and the patient
  • The dentist breached that duty of care
  • That breach caused the patient to suffer injury
  • Those injuries caused the patient to suffer damages

In order to prove these elements, an attorney must be able to provide certain documentation as evidence. The dental record of the patient should show a chronological of events, what future treatment plans there are, and all communication between the patient and the dentist. This can be done using the following:

  • A copy of the written informed consent the patient signed for all procedures that were done
  • A concise record of the patient’s dental history
  • A concise treatment plan, including explanations as to the reason for any treatment the patient has been billed for
  • All notes that were written at, during, or near the time the patient received treatment

Any missing documentation, dental record pages, or other inconsistencies could prove to be an issue for the dentist who is defending against the patient’s malpractice lawsuit.

Some of the more common issues that result in dental malpractice lawsuits include the following:

  • Adverse drug reactions
  • Complications from anesthesia
  • Failure to diagnose oral cancers
  • Failure to diagnose oral diseases
  • Infections
  • Injections issues
  • Injuries during root canals
  • Injuries to oral nerves
  • Issues with tooth extractions
  • Novocain complications
  • Wrongful death

These issues can occur during the following procedures:

  • Dental implants
  • Endodontic procedures
  • Extractions
  • Orthodontics
  • Periodontal disease
  • Substandard crown and bridge treatment.

If you have been a victim of dental malpractice, contact a law firm today to find out how they can help get you the financial compensation you deserve. Call today to meet with a medical malpractice lawyer in Harrisonburg, VA.

Thanks to MarinWren, P.C. for their insight into medical malpractice and dental errors.