What You Need To Know About Dental Malpractice

Posted by Anna Johnson on March 15th, 2023

The duty of dentists is to provide a professional service to their patients. If they fils to fulfill their duty, and the failure hurts the patient can file a malpractice claim.

If a dental service hurts you, click on learn more to know your rights and claim compensation for the failure. You have every right to protect your rights if you get improper treatment from your dentist.

What you need to know about dental malpractice

Dental malpractice occurs when your dentist offers improper care. For example, if your dentist misdiagnoses you, it can be considered malpractice as the dentist could have done it correctly but botched it.

There are ways to get compensation if you are a dental malpractice victim. Follow the elements mentioned below to prove.

The dentist had a duty of care.

It means the dentist had a duty, and you being a patient, the duty of care is formed.

The dentist breached duty.

The dentist could not provide a standard of care and breached the duty that a reasonably prudent dentist would have provided under the same situation. Both omissions and acts are considered when determining whether the dentist breached their duty of care.

The breach caused harm.

The dentist could not adhere to the accepted standards of care while treating you, and as a result, you suffered harm. The harm can be physical, financial, or psychological, depending on the circumstances of the case. The patient is entitled to seek compensation for the harm caused by the dentist’s negligence.

You are eligible for compensation for the harm you experienced.

Depending on the severity of the injury, you are entitled to receive medical bills, lost wages, pain, suffering, and other compensatory damages. You should contact an experienced personal injury attorney to determine the best course of action to receive the compensation you deserve. Your attorney will help you evaluate the claim value, negotiate with the dentist’s insurance company, or file a lawsuit in court.

If you want to file a dental malpractice lawsuit to obtain compensation for losses, you must show the extent of your damages to prevail in your case.

Many times, dental malpractice cases are settled outside of court. Note here that many dentists are backed with insurance too, just like other physicians. Once the insurer finds the fault, the insurance company will offer you a settlement agreement. It generally involved agreeing to compensate a lump sum amount or pay it over time to compensate you.