When you go to the dentist, you expect him or her to detect your oral problems and provide the proper remedies for them, but this is not always how it works. There are times when problems happen from dental visits, and some of these problems could be very severe. If you believe a dentist has wronged you and left you with major problems, it might be time to talk to a lawyer about filing a dental malpractice case against your dentist.
Types of Issues You Could Sue For
While there are many different problems you might incur from dental work, here are some of the more common ones:
- Failing to treat an infection that spread throughout other parts of your mouth
- Extracting the wrong teeth
- Causing an infection from using dental tools that were not properly cleaned and sanitized
- Leaving you with numbness that will not go away
- Damaging a nerve that left you with other problems
- Fracturing or damaging your jaw
- Administering too much anesthesia
- Damaging an existing crown or implant
If you have any of these problems, you may be able to sue the dental office for the damages you have experienced from this incident.
Essential Elements Needed
Before you can file a dental malpractice lawsuit, your lawyer will make sure that the case has the essential elements needed to win. The first element is the easiest to prove and it involves proving that you were a patient and that this dentist performed work on your teeth.
The next three elements are all related, but each is slightly different:
- Breach of care – your lawyer will look at the situation to determine if the dentist made a mistake or did something wrong during the procedure. For example, if you claim that the dentist pulled the wrong tooth, the lawyer may want to have a professional examine the x-rays to see if this is the case.
- Injury – next, there must be proof of injury. You may be able to prove this by visiting another dentist, or by showing proof of medicine you had to purchase for this.
- Proof that the breach caused the injury – finally, it is extremely vital to be able to prove that the breach caused the injury or problem that you are having.
With the proper elements, you may have enough proof to proceed with a lawsuit. Filing a lawsuit does not necessarily mean that your case will go to court. There is a good chance the dentist will agree to settle the matter outside of court, and his or her dental malpractice insurance may pay the compensation to you.
Other Step To Take
If you are left with major injuries, pain, or problems, you might want to make sure this dentist does not do this again in the future. To prevent the dentist from harming other people, you may want to consider filing a complaint with your state's dental board.
The dental board has the authority to revoke or suspend a dentist's license if there is enough evidence to prove that the dentist failed to comply with his duties and state regulations.
If you do not want to file a complaint or a lawsuit against the dentist, you may be able to seek a solution simply by making an appointment with him or her to discuss the issue. You can bring your personal injury lawyer with you to the appointment, and this may be an easy solution for your problems.
Dentists have duties and obligations to their patients. If your dentist failed you in any way, you have rights and a personal injury lawyer from a place like Otorowski Johnston Morrow & Golden P.L.L.C. can help you understand all your options.