Dental Care Malpractice And What You Can Do About It

By Prev Info - February 28, 2022

When it comes to finding a personal injury attorney, Los Angeles has its fair share. In fact, whatever your problem or issue, you can find a skilled attorney to represent you. Currently there are many cases coming to light regarding dental malpractice as the standard of care that dentists were renowned for providing, has suddenly started to go by the wayside.

It is fair to say that generally speaking, nobody actually enjoys going to the dentist. It is kind of seen as a 'necessary evil' in order to make sure that teeth are kept in good working order. Nine times out of ten we fret about it for days before the appointment, and come out of the other side wondering what all the fuss was about. However in a minority of instances, people are right to be worried dental malpractice takes place.

So what constitutes dental malpractice? Los Angeles personal injury attorneys explain...

Surprisingly the legal definition of what constitutes dental malpractice varies from state to state. However what is generally agreed upon is that for malpractice to have taken place a dentist, hygienist, dental technician or dental nurse has either carried out, or has failed to carry out a procedure or act that no other healthcare professional would have committed or failed to commit. 

This action or inaction would ultimately lead to personal injury and suffering by the patient in question. Here are some of the criteria that can make up dental malpractice:

-Failure to detect oral cancer

-Wrongful death resulting from dental procedures or surgery

-Injuries caused by negligent administration of anesthesia

-Getting work done without obtaining medical consent

-Temporary or permanent injury to any of the nerves around the face such as the tongue, lips, chin and indeed the jaw.

-Surgery error which leads to painful infections

-Loss of taste sensation or permanent numbness in the mouth

-Treatment that goes above and beyond the scope of consent

-Structural injuries to areas surrounding the mouth such as the jaw, chin, tongue and lower face.

As you can see, these are just some of the areas that can result in a dental malpractice lawsuit. So what can you do, if any of the above has happened to you?

Similarly to all levels of personal Injury, there is scope to file a claim. The first thing that you will need to do is to call an experienced team of LA personal injury attorneys who specialize in this particular field. They will be able to offer a free no obligation consultation in which a lawyer can explain your rights.

 Also you can get any questions or concerns that you have answered whilst the lawyer talks to you and finds out if you have a case to answer. If this is the case, then the right attorney will be able to call upon an independent expert dentist who can look to examine you. From their findings your representing attorney can look to build a case against the negligent party.

In order for the lawyer to prove negligence, the following criteria must be proved:

-This act was outside the standard levels of care laid down in guidelines

-The action or inaction was something that no other reasonable dentist would have committed

-That the supposed negligent party committed or failed to commit an act which caused harm or injury to a patient

If the representing attorney can prove all three of the above actions occurred then there is a good chance that a medical malpractice lawsuit can be filed for a personal injury.

Lawyers in Los Angeles who specialize in medical malpractice cases are adept at seeking the right compensation for their clients. They understand the implications of such a case and can bring about compensation that can include medical expenses for corrective treatment, loss of wages if the patient has to take time off work, damages for negligence, and punitive damages filed directly against the dental practitioner.

If you have been injured at the hands of a dentist then you should never suffer in silence. Instead it is imperative that you should call upon the services of a personal injury lawyer. Los Angeles attorneys are some of the best in the world when dealing with such instances and as a result, be assured that you are in good hands.





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