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When Do You Need A Dental Malpractice Lawyer
Although medical malpractice is well known and continues to be a crisis in the country, dental malpractice occurs in the category of its own and does not generally reflect the trend going on in the healthcare market in general. Although dental malpractice does exist, insurance companies only write policies for dental malpractice if they also write policies for physicians. Still, if you find yourself the patient of a dentist whom you think has committed dental malpractice, you may be in need of a dental malpractice lawyer.
Dental malpractice claim reports have remained pretty steady over recent years, as opposed to medical malpractice claims which continue to rise every year. While the awards by the courts for dental malpractice are less than medical malpractice, this is mainly due to the usually non-life-threatening nature of dental malpractice. In short, dental malpractice occurs when improper treatment or services have been performed, which causes injury, possibly permanent injury to the lips, jaw, tongue, or the surrounding nerves. It also happens when the dentist fails to properly diagnose signs of oral cancer. If anesthetics are applied improperly, this can also cause injury, or in severe cases, even death.
A patient has a right to expect professional and correct treatment when visiting their dentist, just as with their doctor. If this responsibility is not met or if negligence is encountered, dental malpractice may have occurred. While not every error made by your dentist will warrant a lawsuit, there may be occasions where the injury is severe enough of even permanent where a lawsuit is called for. A dental malpractice lawyer will review the details of the case and is in a position to advise you, based on their experience, whether or not a lawsuit should be filed or not.
Obviously the most serious case of dental malpractice is when the result of an incorrect procedure causes the patient's death. This can be from anesthesia applied incorrectly or as the result of complications that set in from a poorly done procedure, which allowed infections to set in.
Other possibilities would be when oral surgery is done and results in permanent damage of facial or tongue nerves, or perhaps even damage to the tongue itself. This can result in a distinct loss of sensation, including difficulty in talking, eating, or swallowing.
Patients can also be injured from dental extractions, or a dentist may remove a healthy tooth by mistake when he or she meant to extract a decayed or otherwise damaged tooth. This can be serious, because unnecessary tooth loss can lead to other complications. In some cases, dental malpractice occurs when a dentist fails to do something such as to diagnose and treat periodontal disease or oral cancer. Still another malpractice situation can occur if a dentist performs treatment to which the patient did not consent.
Whether for adults or children, improper orthodontic procedures can be deemed as dental malpractice. Dentists and orthodontists are required to present the patient with their options and alternatives. Tooth removal, for example, is a much more radical procedure than braces or teeth straightening and may be unnecessary, which can then also lead to TMJ syndrome or persistent headaches.
Don't be afraid to contact a dental malpractice lawyer if you see any of these things applying to you. You can discuss your case with a qualified attorney and they can use their experience to advise you whether or not you have a valid case that you should pursue.
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