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Understanding Dental Malpractice and how to deal with it?

February 12, 2019

Dental malpractices result in a number of consequences and hence is one of the majorly reported personal injury reason. A dental Malpractice is when a dental care provider pays less attention and provided sub-standard care for any dental condition. It is similar to medical negligence, and just like doctors, a dentist can also be sued and a personal injury claim can be demanded.

How to make a successful case for dental malpractice claim:

As per the personal injury attorneys, you need to make a strong case against the dentist for malpractice to ensure success. In the case of dental malpractice, the victim needs to have the following:

  • An established dentist-patient relationship.
  • The measure of what would have been the right standard of medical care under normal circumstances.
  • Account of the substandard care provided and how it harmed the patient
  • A detailed account of the injury and its extent

Each one of these segments holds importance in developing a powerful case for the claim.

How to file a dental malpractice claim:

It is important that you hire a personal injury law firm in New Haven to proceed tour case. However, you must know the complete procedure to make sure you are moving in the right direction. Your attorney can best tell you the laws, as some states demand to obtain an affidavit from a health care practitioner which certifies that the case holds merit, whereas, in others, the chances of a positive cases increase when the victim brings a ruling from the state board of dentistry.

The lawsuit starts with a complaint being filed in the court by the attorney, on behalf of the victim. The dentist is then offered 20-30 days to respond to the complaint.

All the documents related with the case, such as dental records of the patients, case history, treatments provided, cost of the treatment, etc. is then submitted to the court.

The expert dentists who act as the witness, test the records and testify whether the plaintiff suffered the losses and financial burden.

Common types of dental malpractices:

Some of the common examples of dental malpractices include:

  • Wrong tooth extraction
  • Inability to identify an underlying dental condition
  • Inability to offer the right type of treatment
  • Inability to manage and supervise the actions of the employees.
  • Failure of anesthesia administration
  • Failure to refer to a specialist

All people are equal before the law. A good attorney.