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If a dentist makes a mistake in their practice, it can result in unnecessary pain and suffering, as well as long-term health consequences. It’s important to know you have rights concerning any type of personal care like dental. We expect that these doctors and their staff are knowledgable and will give us excellent care and advice. However, sometimes, that’s not the case. Do understand that nobody is perfect and we all make mistakes, but we are talking about the mistakes that happen due to negligence. Here are some things you need to know about dental malpractice.
Dental Malpractice #1: What Counts as Dental Negligence?
In order to claim compensation for a dental malpractice case, you need to prove that the dental treatment you received was negligent. What exactly does that mean? Though it is best to consult an attorney about your specific case, there are some basic things to know.
The general principle is that the treatment you received must have fallen below the standard a competent dental practitioner would have provided under the same circumstances, resulting in a worse outcome for your health or unnecessary pain and suffering.
Examples of dental negligence could include delays in diagnosing a serious dental condition or a misdiagnosis of a dental condition resulting in unnecessary treatment or poor fitting of a brace causing damage to your jawbones, facial muscles and gums. Establishing whether the care you received was negligent will depend on various types of evidence, including your dental records and independent expert testimony.
Dental Malpractice #2: Timeframe to File a Claim
The timeframe allotted for a dental malpractice claim may vary from state to state and country to country. Here, where I live, the statute of limitation is two years. This time limit will be counted from the date on which you became aware of the negligence, referred to as the ‘date of knowledge’. This may be the date on which the negligence occurred if it was immediately obvious that something had gone wrong. It could be much later e.g. when you are examined by another dentist. There are also other circumstances that affect the timeframe such as the age of the claimant.
Dental Malpractice #3: Do I Pay An Attorney Up Front?
Many law firms specializing in dental negligence claims offer to represent you through a conditional fee agreement, also known as a ‘no win, no fee’ deal. This means you won’t pay anything upfront to start a compensation claim, with your lawyers’ legal fees only being payable if they secure compensation for you.
This can remove the financial risk from making a claim and ensure anyone with a strong claim for dental negligence is able to pursue compensation, no matter their personal financial circumstances.
Dental Malpractice #4: Getting Help
Dental negligence claims can be complicated, relying on carefully gathering all the relevant evidence and putting your claim together in the right way to present your case clearly and effectively. It is therefore strongly recommended to work with a law firm with specific expertise in dental negligence claims.
Firms such as IBB Claims offer friendly, expert legal advice and representation for all types of medical negligence claims, including those related to dental treatment. With the option of no win, no fee funding and exceptional expertise in both out-of-court settlements and court proceedings, these they can make it simpler and less stressful to get the compensation you are entitled to. I recommend doing ample research on attorneys and firms in your area. Look for consumer reviews and make sure to search the legal board website as well as the attorney general’s site for anything negative.
