It is recommended for those who believe they are victims of bad dental practices to keep a diary of documentation as it occurs including, dental care injuries, current symptoms and subsequent treatment of injuries and symptoms. Documenting the sequence of events lends credibility to a claim for dental malpractice. Also, ask for help from a dental malpractice lawyer in good standing who specializes in this area of law as soon as possible to avoid missing deadlines.
It is quite a shocking figure, but according to research, about 80,000 people become the victims of medical and dental malpractice every single year. However, only about 10,000 people actually file a lawsuit in order to receive compensation. The small number of lawsuits can be attributed to a lack of awareness among people about their rights in such cases and a fear of legal proceedings.
It is, according to law, is the negligent conduct of a medical professional that is directly responsible for causing an injury to a person. The important term here is “negligent conduct”. If a patient succumbs to injuries even after the doctors have done everything in their capacity to save the person’s life, a case of malpractice cannot be filed against the doctors.
However, if an injury is caused to a person due to negligence on the part of a medical professional, the person or the person’s family is entitled to be compensated, provided the case stands in court. Such cases rarely make it to the court though. In a vast majority of these cases, medical or dental malpractice settlement is reached out of court. Even though the amount of compensation is usually lower in an out of court settlement, it does save both the parties from long and hard-fought trials.
Dental Malpractice Settlement Cases
If the case makes it to the court, the following are the types of compensation that can be awarded:
Actual damages can be compensated and they include out of pocket expenses, lost profits or incomes as a result of the injury and the medical expenses incurred. There can also be a compensation awarded for the pain and suffering caused, such an award is called a non-economic award.
If the court finds that the malpractice was willful or gross negligence on the part of the medical practitioner concerned, punitive actions can be taken. Such verdicts are passed very infrequently.
A competent and experienced attorney is the best person to advise whether an out of court settlement should be accepted or the case should be taken to a court. The medical practitioners are usually inclined to settle out of court. Interestingly, many physicians and other medical professionals have insurance cover for liabilities claimed against them. Malpractice in the medical world is quite a serious offense and any persons who think a medical practitioner has wronged them; medical and dental malpractice settlement should be sought with the help of an attorney.
Dental malpractice is defined as careless practices by dental care professionals. This can take place not only for the duration of dental treatment but also when a dentist fails to notice several health problems. These are a few situations which can lead to unprofessional conduct claims.
• The failure to identify as well as diagnose a periodontal disease or oral cancer
• Damage to nerves in the jaw, lips, or tongue
• Wrong bridge and crown prostheses
• Infection after use of dental instruments
• wrongful death due to anesthesia
Do you know someone who has suffered from a lack of proper dental care? Chances are many would answer this question “no.” According to official statistics, there are only 10,000 victims of dental negligence each year in the United States. And in the grand scheme of things, this is certainly a very small number. It underlines once again the quality of dental care in most countries.
But there is more to this story. Experts have conducted numerous studies on this issue recently and found that at least 10,000 people who were victims who did not register because they never complained and tried to recover from their damages. This is mainly because these people are afraid of not being able to afford a dental malpractice lawyer. Second, many people are unfamiliar with the law in general and are not aware that they are actually eligible for compensation.
The most serious concerns in dental malpractice cases of a patient relate to an incident wherein the victim is dying from complications of a dental procedure. This may be due to a crushing injury or dental infection as a complication of improper use of anesthesia. A complication of oral surgery can leave possible permanent nerve damage that goes to the jaw, lower face, chin, and lips. A case of dental malpractice may be due to inadequate or improper orthodontic procedures on adults or children. The needless removal of teeth for orthodontic treatment and the failure to provide all dental solutions is a problem.
Dental misconduct cases commonly involve small judgments and arrangements compared to other kinds of medical malpractice. In fact, most dental malpractice cases are resolved quickly without having to go to court. Research has shown in the case of dental malpractice, more favorable outcomes are achieved by those who dedicate their time and effort to thoroughly document their situation.