Dental malpractice takes place when a dentist practices differently than the dental standard of care. The dental standard of care is a general understanding of which competent dentists would practice, under similar circumstances. If dentists fail to practice the dental standard of care, a patient becomes injured.
When undergoing dental treatments, many patients suffer the disadvantages of dental malpractice. Although states have different laws concerning responsibilities dentists hold to their patients, there is a consistent theme. Dentists will be held responsible for their practices, and patients who are injured as a result of dental malpractice have the right to pursue legal remedies. Legal remedies include filing complains with the state dental board, and potentially filing a dental malpractice lawsuit.
The most common forms of dental malpractice include wrongfully administered anesthesia, infections caused by improperly sterilized dental equipment, unnecessary teeth extractions, misdiagnosis of a dental condition, and failure to diagnose and treat dental disease.
If you need to file a dental malpractice suit, working with an experienced attorney is essential. It is nearly impossible to work without an attorney in any medical malpractice situation. When completing a dental malpractice suit, there are various steps including depositions, records subpoenaed, expert witnesses, and more that may cost thousands of dollars.
A right to refuse settlement clause may be exercised by dentists, which is covered by their insurance policies. The dentists can oppose settling the case, even in the most obvious malpractice situations. If this occurs, you will have to go through a lawsuit in order to gain any compensation.
An attorney with considerable experience in malpractice litigation is necessary to win a dental malpractice case. Experienced malpractice attorneys have the proper resources to pay for depositions, court reporter costs, witness costs, and more.
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