Whether it’s caused by incompetence, ill will, or negligence, dental malpractice is an unfortunately common occurrence in the United States. Dentists will many times try to explain away their mistakes or try to dodge responsibility for the pain and hassle that they have caused you. However, you have a right to be treated in a moral, attentive, and respectful way, and if you have been the victim of dental malpractice, you are entitled to compensation.
Common Types of Dental Malpractice
The first step is to determine whether you think that your dentist has truly practiced medical malpractice. General considerations include whether you dentist intentionally put you in an unfavorable situation, if the dentist was distracted, whether there was a negligent action that could have been avoided, and whether the setting under which the procedure was performed was detrimental to the situation; each state has different, more specific laws to define what counts as medical malpractice. Here are some of the most common situations in dental malpractice cases:
- The dentist purposefully recommends or insists on unnecessary treatments.
- The dentist failed to notice a serious oral condition during an earlier time period, which caused the condition to worsen over time.
- The dentist does not perform the operation or procedure correctly, resulting in unnecessary pain or complications for the patient.
- The dentist performs the wrong procedure.
The surest way to tell whether you have a case or not would be to talk to one or many experienced medical malpractice lawyers.
Collect Your Documents
Hopefully you have been keeping a record of all documents involving your procedures and expenses throughout this process. If not, now is a good time to go back and try to find anything you can. Include the medical reports of your dentist in your collection. This will be the most official record of what happened, and you want it to be as complete and comprehensive as possible.
Insurance
Most insurance policies ask that you provide them with updates about your pain and situation as soon as possible. Make sure you have talked with them at length so that they know what is going on. This can be another source of recordkeeping and official documentation of your suffering. Some insurance policies will cover the costs of medical malpractice, so make sure you have had that conversation with your coverage company.
Assess Your Damages
Consider how much you should be compensated for your dentist’s malpractice. Take into account the following:
- Your out of pocket expenses for medical procedures and care.
- Lost time from work, and/or future lost time from work.
- Your personal pain and suffering.
This amount will be what you are pursuing if you file a medical malpractice claim.
Call a Lawyer
Ultimately, you will need an experienced personal injury lawyer if you wish to file a claim against your doctor to try to gain the compensation you deserve for your troubles. A lawyer that thoroughly understands the system can help you navigate through the process. You need a lawyer to handle all of the paperwork involved and file the right claims with the court. Nearly all personal injury lawyers work on a contingency basis, which means that unless you win the case, the lawyer doesn’t take any of your money.
Olivia Lin writes for The McMinn Law Firm, a personal injury firm based in Austin, Texas. She is passionate about helping people and has a particular interest in dentistry, hoping to make the world a better place, one smile at a time.
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