In the dental industry, as in any other field of medicine, there are often cases of malpractice. It is largely due to negligent practices on the part of health professionals. Negligent practices can occur in many different ways and may have different effects in patients. Neglect is committed not only during dental procedures, but also when a dentist does not notice other health problems.
Some situations that have caused successful dental malpractice claims are:
1. No detection and diagnosis of oral cancer or periodontal disease
2. Nerve injury at the lips, jaw or tongue
3. Lesion during the treatment of root canals using certain pastes
4. Incorrect crown and bridge prosthesis
5. Infection caused by the misuse of dental tools
6. Problems resulting from an overdose of anesthesia
In some cases, a negligence claim may result from the fact that a dental professional has intentionally taken advantage of the insurance compensation. In these cases, a dentist is guilty of performing unnecessary dental exams and procedures to receive greater compensation.
Many dentists and oral surgeons are highly respected throughout the country for the treatment and comfort they provide to their patients. However, still many people do not feel comfortable when visiting the dentist. This is because, unfortunately, some dentists do not take their responsibility as health professionals and consequently negligent work is performed on patients who have placed their trust in them. If you are a victim of negligent dental practices, immediately contact a malpractice attorney in the law office of Tanya Gendelman to claim the justice you deserve.
What constitutes Dental Malpractice?
It is most often expected that dental professionals are going tobe infallible in carrying out their duties. But there could be negative results from treatment which do not necessarily tantamount to dental malpractice. It is expected that they will always exercise their basic knowledge, expertise and ordinary care. These qualitiesapply to all other members of the profession performing their duties under the same circumstances. In this basic knowledge and ability there lies a norm of practice and care. When a dental professional treating a patient fails to utilize these basic abilitiesand when that failure implies that hehas done something terribly wrong, or has not done something which should have been done, the failure is seen to be a violation of normative practice and care.
For some unknown reason, most people do not consider dentists as health care providers. Of course their focus is on providing good health care for our teeth and gum treatment and other essential parts of the patient’s mouth. However, the fact that they are a service provider does not answer the question about whether their errors may be regarded as medical malpractice. The real answer is that the failures that put his specialization in question can be considered as true medical malpractices.
First of all, one must note that a bad result does not mean that your dentist has done something wrong. It is possible that he did his job properly, but somehow unpredictably the results were incongruent with you had expected. It is legally accepted that the medical practitioner is only obligated to carry out the procedure correctly. That is what is required from him to get his work done in accordance with the quality standards that are generally accepted in the medical community.The results cannot be called into question.
How to go about it legally?
In our legal system, if a dentist is to be proved responsible for the injury of a patient, the following four cases are imperative.
1. The patient must demonstrate that the dentist has a duty to provide the same care that another reasonably prudent and diligent dentist would have provided in the same circumstances.
2. It should be demonstrated that the dental professional failed in his duty of providing care to the patient. This can only be shownwhen it is properly and correctly identified what the dentist did or did not do, and compared with what should have been done.
3. The patient must also prove that the action or failure of action caused the injury suffered by the victim. This may be damage occurred while extracting a tooth or an injury to the jaw, as examples of doing. On the other hand, in cases of inaction, a good example would be the non-extraction of a tooth causing subsequent infections with lesions in the patient’s jaw.
4. Finally the patient must ultimately show that he suffering from an injury. In legal terms, this element is crucial because if the person has already recovered from it, then he has not suffered any injury. Therefore no case of dentist malpractice, regardless of errors, will be entertained by law.
Why do you need a lawyer?
A malpractice case involving a dentist is handled much in the same way as a regular medical malpractice case. An expert lawyer is required to demonstrate that certain thingsshould always be taken care ofby a dentist, that is what is ordinarily done, that is what the dentist negligently overlooked and the ensuing injury or damage to the patient.
Besides, every dental care provider has a competent lawyer who will go to any extent to repudiate your claim. It can also be very expensive going to trial on your own and losing the case. You must find a well-qualified New York dental malpractice attorney who knows the system in and out. The Law Office of TanyaGendelman is known for its highly competent attorneys who have a great record for such cases of medical malpractice.
If you are a victim of a dentist’s negligence, you must get in touch with a law firm as soon as possible and seek justice through legal action. You do not need to worry about the lawyer’s fees immediately. Most of it is generally settled once your case is won and you’ve received your compensation from the dental organization. It is therefore a very convenient and affordable way to fight a legal battle, and also with much better chances of winning. It works out for lawyers as well because they only take up cases that stand a good chance to recover compensation.