Generally in order to successfully pursue a dental malpractice claim your dental malpractice attorney must help you prove that your dental injury occurred as a result of the following factors:
Elements of a Dental Malpractice Claim
- The dental professional responsible for your care deviated from the accepted standard of care used by other dentists or you need to show negligence.
- That the departure substantially caused and/or contributed to your dental injuries.
- That the injuries you’ve suffered are permanent, significant, lessen your quality of life, limit your ability to work and earn a living and cause you long-term pain and suffering.
All of these conditions or “elements” must be proven by an expert in dental care and treatment such as another similarly qualified dentist or another dentist who has actually treated you and can confirm each aspect of your case, or by an expert who has reviewed your dental records and can confirm each element of your dental malpractice claim.
There is a statute of limitation concerning a limitation of the time for the filing of a dental malpractice claim after the patient has suffered a dental injury or after the time he becomes aware that he has suffered a dental injury and that time limit may vary from State to State. The clock starts running from the time of the injury and usually goes from two to three years after that date. It is important to let your dental malpractice attorney know the date of the original injury to insure that your claim in timely filed and not forfeited entirely due to unintended procrastination.
Dental Negligence
The best way to prevent you or your family members from being a victim of any sort of dental negligence is to make sure your dentist follows the following screening procedures:
- Make sure the dentist maintains accurate dental history records that detail your medical and dental history, your medications, allergies, current complaints, dental examination findings, treatment plan with anticipated fee schedule and all patient instructions concerning return visits and post treatment care instructions.
- Document specifically that your dental visit and treatment met or exceeded the acceptable standard of care used by all other similar dentist.
- Make sure that you give or refuse your permission in writing for procedures that included anticoagulants, bisphosphonate therapy or antibiotics.
- Make sure you provided written refusals concerning any recommended procedure or care or x-rays that you do not want performed.
- Make sure your dentist fully discloses to you any and all risks and possible complication that may arise due to a procedure and that you fully understand those risks and possible complications before signing any informed consent documents. If you don’t understand his treatment plan continue to question him until you do or refuse the procedure entirely.
Liability and Recovering Damages
The best dental treatment scenario one where the treatment is successful there is no resultant injury and no provider liability. Take all active steps to prevent being a victim or injured by treatment as detailed above. However, if you are injured in spite of all your actions intended to prevent such injury, you need to contact a dental malpractice attorney to best preserve and defendant your rights against the offending dental provider.
