1-800-964-0361
According to the law, all dentists, oral surgeons and orthodontists have an obligation to provide their patients with an acceptable level of care. Their readiness to deliver such care allows them to form a relationship with each patient. In any dental professional demonstrates an uncaring attitude, the affected patient can take legal action. Such legal action takes the form of a dental malpractice lawsuit. The court places certain demands on anyone that hopes to initiate such a lawsuit.
What types of substandard care could cause a patient to file a dental malpractice claim?
• Improper tooth extraction: Improper method used or improper tooth removed.
• Failure to diagnose all conditions that need to be corrected
• No treatment for complications
• No oversight of employees: Do those employees exercise a satisfactory level of cleanliness? Do the employees take the time to explain what will be done to the patient’s teeth?
• Wrong anesthesia used
• Procedure done without patient’s informed consent: If patient is a child, the dental professional needs the consent of the parents.
Questions that need to be answered, if patient hopes to file a dental malpractice claim
• Had a dental professional and the patient formed a close relationship before delivery of the substandard care?
• Had that same professional delivered an appropriate level of care?
• If that professional had not delivered the appropriate level of care, how was the same professional’s duty of care breached?
• Was the patient injured? How serious was the injury?
Steps dental patient must follow in order to file a lawsuit
The patient may need an affidavit from a health care practitioner. The court likes to obtain proof that a particular case has merit. Some states ask for a favorable ruling from the Board of Dentistry, as well.
It helps to assemble a group of witnesses. The witnesses should be able to explain the expected level of care to the jury. An expert witness should know how a dentist could deliver an appropriate level of care during a given dental procedure. For instance, what tools would be needed, in order to carry out such a procedure?
Once the patient has found suitable witnesses, Injury Lawyer in Stouffville should file a plea with the court. Later the two sides will exchange discovery, the legal name for gathered evidence.Depending on the nature of the patient’s charge, it may help to have some good pictures. Photographs could be used to show the severity of the problem that the dentist had failed to correct, or had perhaps caused. Some types of dental malpractice become clearer to a jury once the oversight has been explained by an expert. Following the discovery session, a trial will normally be scheduled.