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Your Rights In A Dental Malpractice Case

dental malpracticeThe dental industry is definitely bound by legal authority, and most hospitals and doctors are constantly on their toes to ensure they don’t end up with a law suit for negligence. While medical lawsuits are nothing new, not many people are aware of the fact that dental malpractice too is under this umbrella. If you are a victim of such circumstances, then you have every right to seek compensation. The fact that you have approached a licensed dental practitioner means you take it for granted that you will be given the right form of treatment.

While you may have suffered at the hands of a dental practitioner, you may be unsure of what really constitutes dental malpractice. That is perhaps one of the main reasons why several people let things slide by. Something could go wrong when you are in the dental chair or a few months later as a result of treatment.  In either case, the  pain and discomfort that you suffer can qualify you for legal recourse.

You can sue your doctor for several things. A negligent dentist is one who causes any damage in the short or long run, and you have every right to take that person to court. Wrongful diagnosis or failure to diagnose the obvious can also be punishable.

Some additional reasons include causing injuries to nerves and lead to paralysis of the tongue or mouth and even loss of taste. Creating complication as a result of faulty placement of crowns and bridges is another. Not taking all the factors of one’s medical history into consideration when charting out a treatment course is another. Several dentists fail to diagnose oral cancer even in obvious cases; this and other such illnesses left undiagnosed make your eligible to file for dental malpractice.

Surgical cases require the use of anesthesia and there can be complications that arise from this as well, which, if not dealt with properly can be an issue. There is also the most obvious reason where the wrong teeth have been extracted.

If you do think you have a case, then you will need a dental malpractice lawyer who is proficient in handling your kind of cases. It is best that you go with a specialized attorney who’s background and legal expertise can protect you in the event of such a case. McCulloch Law has successfully litigated dental malpractice cases in Southern California since 1985.

Why You Might Need A Specialized Dental Lawyer

dental lawyerNobody enjoys a visit to the dentist, but most people assume that any discomfort will be minor and temporary, and that the end result will be an improvement in their oral health. More often than not, this is the case, but occasionally things go disastrously wrong. If this has happened to you, and you believe it is due to the dentist’s negligence, the first thing you should do is look for a dental lawyer.

Dental malpractice lawyers are personal injury lawyers who specialize in this particular area of law. If you believe you have a dental malpractice claim, it is important to look for a specialized dental lawyer, who will have the expertise to weigh up the merits of the case, and decide whether it is worth pursuing. An expert attorney will also be able to take on the dentist’s own insurance company’s lawyers, who have plenty of experience in mounting a powerful defense.

It is important to understand that the fact that your visit to the dentist had an unsatisfactory outcome does not in itself form the basis for a dental malpractice claim. In order to have a case, you need to demonstrate that the adverse outcome was a direct result of negligence or incompetence on the part of the practitioner. This means showing that the dentist has either failed to provide the level of care considered acceptable by the standards of the profession, or has intentionally carried out a procedure that went beyond your informed consent. Proving either of these can be quite difficult, and a dental lawyer may often need to bring in members of the profession, to testify as to whether acceptable standards have been breached.

Common situations that can give rise to a dental malpractice claim include infections or injuries to gums, jaws or teeth, resulting from faulty crowns, bridge prostheses, or root canals. In fact, an incorrect root canal procedure can result in permanent paralysis or numbness of the jaw. On the negative side, a dentist has a legal obligation to check for existing medical conditions which would make anesthesia or surgery dangerous, so if this is not done, and the patient dies or becomes seriously ill, the dentist is liable.

If you believe you have a claim against a dentist, it is vital that you seek out a specialized dental lawyer without delay. Every state has a Statute of Limitations — usually two years — in place, so if you wait too long, your claim will lapse. Remember that you have the right to expect safe and competent treatment from your dentist, and if this is not provided, you are fully entitled to compensation.

Robert J McCulloch can help you understand what to expect and options for proceeding in a dental lawsuit or settlement. Call his experienced law office today.

How To Know If You Need A Dental Malpractice Attorney

dental malpractice attorneyDentistry is a medical field. Though dentists only operate on teeth, they are still held to the same standards as any other physicians. After all, they do sometimes hold a patient’s life or livelihood in their hands. Figuring out if it is worth a call to a dental malpractice attorney after an injury, though, can be tricky. One must consider exactly what happened to bring the client to the point of bringing a suit and how a court might view that claim. Not only must their have been an injurious action to bring the case to court, but that action must be outside the purview of standard dental practices.

The first step in determining whether or not a dental malpractice attorney should be contacted is figuring out if the dentist performed any action that is considered outside of his or her purview as a dentist. If a dentist performs an operation without the patient’s consent, for example, the dentist is committing malpractice. Likewise, a dentist who fails to inform a patient of the possibility of a side effect until it is too late is likely doing something wrong. As a rule, a dentist who does anything (or fails to do anything) that would keep his or her patient safe is likely committing malpractice.

After you figure out if the incident itself is worthy of the label malpractice, you have to figure out if the dentist was actually acting in a manner that goes against standard practice. Losing a tooth during a surgery, for example, might not be considered to be a legitimate injury if it commonly occurs during a regularly accepted surgical procedure. An allergic reaction, however, might be worth bringing a suit if a typical dentist would have informed the patient of the possibility of the reaction or used a substance with a lower likelihood of causing an issue. If the dentist does something that shows fault, a suit should soon follow.

Bringing a dental malpractice suit is not always easy, but it is often necessary. If a client has been injured by a dentist, the same standards apply to the case as it would towards any other kind of medical malpractice suit. If the dentist has violated the standard of care or caused an undue level of harm to his or her patient, it is only right that he or she should have to make some form of restitution. Failure to do so simply encourages sub-par medical practices.

Since 1985, Robert J McCulloch has practiced as a dental malpractice attorney, protecting the rights of patients throughout Southern California.

Should I Sue My Dentist?

should I sue my dentistShould I sue my dentist? It is certainly a question that anyone with a root canal has asked in jest. In reality, though, it is important to consider a suit if your dentist has committed malpractice. There are many things that a dentist can do to that fall under this heading, but the most important to most patients are those actions, or the lack thereof, that cause the patient to come to harm. If you are thinking about suing your dentist, you should consider whether an injury occurred and whether it was the fault of the dentist.

Was There an Injury?

To bring a suit, you have to show that there was some form of injury. Contrary to the beliefs of many, you cannot bring a suit simply because you are mildly upset or because you do not like the dentist. In most cases, the reason to bring a suit against your dentist is because of an injury that occurred outside of the scope of your dental visit. There are injuries that can and do occur in the course of normal dental procedures, and you will be unlikely to successfully sue a dentist for such actions. If it is an extraordinary injury, though, you may have a case.

Was it the Dentist’s Fault?

If there was an injury, it is important to figure out if it came about by the fault of the dentist. If the accident was unpreventable, for example, it is unlikely that you would be able to collect. If the accident came about due to the dentist’s negligence, recklessness or even deliberate malicious act, though, you should consider bringing a suit against the dentist. In these cases, it is important to bring the dentist to trial not only to collect the money that you need but also to make sure that the dentist does not harm others through his or her actions.

If you have been injured by a dentist, it is wise to consider pursuing legal action. It may be the only way to help you get the money necessary to heal from your injury and to make you whole again. While not every issue is worthy of a lawsuit, there are more dental issues that deserve to be brought to trial than many might think. If you believe that your dentist was in the wrong for the way that he or she treated you, it may be wise to consult an attorney.

The Importance Of Choosing A Qualified Dental Malpractice Lawyer

dental malpractice lawyerLike most people, you depend upon various professionals to perform a number of duties so that you can live your life in comfort and in good health. In most cases, professional individuals like doctors and dentists do a terrific job. Most of them understand that if a patient is not satisfied, negative consequences can occur. Unfortunately, not all professionals abide by the same standards. Even the best doctors and dentists can make mistakes, but if these mistakes cause you harm, you need to know that you have rights within the law. If you have been to the dentist recently, and the visit resulted in injury or harm, you may think that you have no recourse. Thankfully, you can obtain justice and the fair compensation you deserve by using the services of a dental malpractice lawyer.

If you are unsure whether you require the services of a dental malpractice lawyer, you should probably err on the side of caution. If you have been wronged by a dentist, it is important to act quickly so that the process of the law can move forward in a timely manner. In many cases, if a patient delays in seeking legal assistance, he or she can experience reduced compensation because of a perceived lack of urgency. When you retain the services of a qualified lawyer immediately, you can get started on your case and prove that your condition is urgent. This is why you should contact an attorney for a consultation even if you have some doubt as to the legitimacy of your case.

When choosing a dental malpractice lawyer, it is important to keep some important points in mind. First, you should select an attorney that has vast, documented experience in the field of dental malpractice. Some lawyers are simply too inexperienced to offer serious help. Secondly, you need to find out whether the lawyer’s cases have been settled in trial or outside of the courtroom. If an attorney has not had success at settling cases in a timely manner, you may want to look elsewhere. Finally, you should select an attorney that has been recognized as an expert in the field of dental malpractice. Some attorneys can provide adequate help, but expert lawyers can supply powerful legal arguments that are difficult for negligent dentists and their attorneys to counter.

Experiencing dental malpractice is something that no one should have to endure. Unfortunately, it happens more often than you might think. Thankfully, you can find justice when you have been wronged by using the services of a qualified dental malpractice lawyer. When you find an experienced and qualified attorney, you can begin to correct the problems that were caused by negligent dental care.

As a dental malpractice lawyer, Robert J McCulloch has successfully defended dental patient rights since 1985. His expertise and scientific knowledge can help you determine the viability of bringing a successful suit when you’ve been injured.