While hospitals and doctors are often the target of many medical malpractice claims, many people forget that dentists are also subject to medical malpractice claims for their negligent treatment of patients.
Malpractice is an act of negligence or a mistake that results in the creation an injury or the aggravation of an existing situation and normally is associated when the negligent act was done by a profession. Thus, the most common professional malpractice cases concern, legal malpractice, medical malpractice, accounting malpractice, and dental malpractice.
In some cases, the negligence or mistake may even result in the patient’s death. When a dentist makes a mistake in the performance of a procedure or the removal of a tooth, he may also be held responsible and liable for the injury caused. It is important for you to note, however, that not every unfavorable outcome is necessarily caused by malpractice.
There are some instances where it can be validly argued by the dentist that everything has been done in accordance with the prescribed methodology and standards, and yet, the outcome still ends up less desirable due to circumstances beyond the control of the dentist. The claimant still needs to establish that an act was done negligently or erroneously, and such act has resulted in an injurious or less favorable outcome. However, common claims in dental malpractice lawsuits include situations where the dentist has caused irreversible damage to the nerves within the teeth, negligently completed a “crown” or “bridge,” unnecessary extraction of multiple teeth, and even the dentist’s failure to detect oral diseases or conditions during regular check-ups.
While typically overshadowed by the well-known and vague label of “medical malpractice, dental malpractice lawsuits and claims are so common, that many insurance providers also provider coverage to dentists just for that. In a 2009 decision out of Michigan a 61-year old woman was won a $15 million award after her dentist negligent failed to diagnosis her precancerous oral lesion. However, just as many insurers seek to protect negligent dentists, the Michigan state legislature also protects negligent dentists and doctors by limiting that plaintiff recovery for malpractice claims, which in this case resulted in the woman’s award being capped at $600,000.
If you or a loved one has been a victim of RI dental malpractice, you may be entitled to compensation. Working with the leading dental malpractice attorneys handling cases today, the RI dental malpractice attorneys at d’Oliveira & Associates will work to ensure that you are afforded the legal representation you deserve in order to compensate you for your dental malpractice lawsuit or claim.
Please contact the law offices of d’Oliveira & Associates at 1-800-992-6867 or fill out a contact form for a free legal consultation.