What is the definition of dental malpractice?
Dental malpractice, or dental negligence, can be defined as avoidable injury caused by a dentist who fails to take proper care. Any case where a dentist has performed poorly, negligently, or inappropriately which results in avoidable harm being caused by a patient can lead to a dental negligence compensation claim.
Under the law, a dental malpractice claim must consist of the following elements (1) a duty of care, (2) a breach of the duty of care, (3) proximate cause, and (4) damages.
How do you prove a dental malpractice claim?
To prove that you are the victim of a dental malpractice claim, you must demonstrate that your dentist committed negligence through the testimony of an expert. The purpose of an expert is to provide the jury with specialized knowledge over a particular field. Without an expert, a judge will almost certainly dismiss your case. To qualify as an expert, an individual must demonstrate that he is qualified in the field of dentistry or a specialty within dentistry.
What are some common scenarios for dental malpractice?
Although dental malpractice can occur in many different scenarios, there are issues that frequently arise, which include (1) delay in diagnosis; (2) surgical mistakes (i.e. nerve injury); (3) failure to refer; (4) anesthesiologist errors; (5) radiology errors; (6) lack of informed consent.
What does it mean to obtain an informed consent?
In nearly all states, your dentist is not supposed to perform a dangerous medical procedure on you without providing an explanation of the risks entailed. An informed consent can only be assumed in medical emergencies or when a patient is unconscious. Otherwise, the informed consent law requires that the patient be told the nature of the procedure, the substantial dangers and risks of it, and any reasonable alternative to the procedures. If a patient is not advised of the risks and alternatives, the law will not consider the patient as providing an informed consent.
My relative has passed away after a dental malpractice claim. Can I still sue the dentist on behalf of my family member?
Yes. You most likely can still sue on behalf of your relative who has passed away. This type of claim is referred to as a “survivor claim.” In this claim, you may sue a dentist for the pain and suffering that your loved one suffered while he or she was still alive. You may also sue for other claims, including lost wages, incurred medical expenses, and the like.
If your loved one died as a result of a dental malpractice, you may also be entitled to assert a wrongful death action on behalf of yourself resulting from the loss of companionship that resulted from your parent and/or child.
If I retain your services, how will I be charged?
In nearly all dental malpractice cases, the firm accepts cases on a contingency basis. This means that the firm will not receive a fee unless you receive a settlement or a jury trial verdict. The contingency fee that we will propose depends on the facts of your case and the applicable law. States have individual rules and laws on the amount of contingency fees that an attorney may charge.
To better understand how a contingency fee works in practice, consider the following. A jury renders a verdict in the amount of $100,000. If the agreement between an attorney and client is that the attorney will recover 40% as a contingency fee, the attorney fee will be $40,000, and the client will receive $60,000.