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Dental Negligence

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Malpractice is applicable to more than physicians or surgeons. Dentists can also be sued if they are found negligent in their practice. To prove medical malpractice in the dental field, you have to be able to prove to a jury that you were injured as a result of a dentist’s sub-standard care. Just as in standard medical malpractice, which is a type of negligence lawsuit, any case you put forth must be based upon a four factors. These are causation, breach of duty, duty and damages. The following is a breakdown of each aspect of negligence: Causation: Some consider the causation aspect of a case the most important in terms of proving dental malpractice. You have to be able to prove that your dentist’ actions “caused” your injury. In other words, …show more content…

That simply means they did not provide the care they should. They were below the standard of competent care. However, creating a dental malpractice case isn’t always cut and dry. Sometimes, proving a breath of duty is difficult. A clear example of breach of duty could include a dentist causing nerve damage through an injection or extracting the wrong tooth. When the cases isn’t as easy to determine, your lawyer will likely get another dentist within the same specialty to testify regarding the breach of duty in order to prove your case. Dentist’s Duty: When determining breach of duty in terms of malpractice, you must fist understand the definition of a dentist’s duty. In short, your dentist must perform to the same level as other dentists within their field of practice. If they fail to do this, they have committed a breach of their duty, which was just mentioned. When this happens, you have a good chance of creating a successful dental malpractice case. Damages: The last aspect of a dental malpractice case is damages. You simply can’t prove a dental malpractice case if you don’t have any damages at all. For example, you might have broken teeth or nerve damage due to your dentist’s error, and have absorbed the costs associated with fixing your dentist’s mistake. These expenses and the pain and suffering associated with dealing with the problem are your damages. Putting a Case Together: …show more content…

However, there are some specific treatments that tend to result in malpractice more often than others. They are as follows: Extractions: In the case of a botched tooth extraction, infection and nerve damage are the most common problems. Some of these injuries are permanent, while others require additional, extensive care. Endodontic Procedures: Infections are again a big risk during an endodontic procedure. Endodontic procedures include root canals and more invasive surgeries and dental implants. In most dental malpractice cases involving endodontic dentistry, complications such as sinus and nerve perforations, infections, air embolisms and instruments being left in canals are the impetus to a dental malpractice case. Dental Implants: Infections are once again the most likely cause of problems when it comes to dental implants. However, issues can also arise when the practicing dentist was undereducated in regards to the procedure and didn’t perform it

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