How to Sue a Dentist. To sue a dentist for medical malpractice, you must be able to prove that you suffered an injury as a result of a dentist’s provision of sub-standard care. To establish proof when suing a dentist, you will need to prove these four principles: Duty, Breach of Duty, Causation, and Damages.
What is classed as dental negligence?
While negligence usually indicates a person acted unreasonably, it can also encompass the failure to act when there is a duty to do so. Dental Negligence, therefore, is when a dental professional causes harm to a patient during a standard procedure .
Can you get compensation from a dentist?
The compensation you receive for dental negligence is referred to as a “ damages” payment and comes in two types: “general damages”, which are the most common, and “special damages”, which includes unusual additional problems that are linked to the negligent treatment.
How much money can you get from suing a dentist?
If you’re looking for a ballpark idea, though, the average payment in a dental malpractice suit is $65,000 (according to Medical Protective, the leading provider of malpractice insurance in the United States).
Can you claim for dental negligence?
No dental malpractice claim can be settled without the written consent of the negligent dentist . This is the primary reason that I recommend against the filing of a complaint with the California Dental Board before filing a dental malpractice complaint in superior court.
How difficult is it to sue a dentist?
It may be difficult to win a lawsuit for pulling the wrong tooth . Although pain is experienced, it is usually not considered to be enough of an injury to sue for. This is because the injury can usually be easily corrected. The dentist could provide the patient with two implants free of charge.
What do you do if you are not happy with your dentist?
Speak to the dental practice/dental professional providing the treatment. If you are unhappy with the treatment you have received, it is usually best to: speak directly to the dental professional concerned, or the practice that provided the treatment. explain why you are unhappy with the treatment.
Can a dentist lie about cavities?
A cavity is a cavity and there should be no difference between two dentists, right? The answer is not always. Unfortunately, a cavity can be deceptive . It can hide and be obscured by old fillings, location, or just not be obvious by eye or X-ray.
What happens when the dentist hits a nerve?
Nerve damage due to dental malpractice can lead to numbness of the face, lips, and tongue, difficulties eating and many other serious issues .
What happens if a dentist leaves a piece of tooth?
A small part of a tooth may break and be left in the gum during an extraction procedure. This bone or tooth fragment in the gum may irritate the tongue and might cause infection in the gum. Therefore removing it would be beneficial for the patient.
How far back can you claim dental negligence?
Most states have a two-year limit , also called “statute of limitations.” These laws can vary by state, but two years is standard for malpractice suits. You can prove this by showing when the appointment happened and when you had the injury or pain assessed by another dental professional.
What is a dental grievance?
A member may file a complaint/grievance with the Department of Managed Health Care (DMHC) if no response is received from Dedicated Dental within 30 days or as soon as a written decision has been rendered, or any time in any case determined by the DMHC to be a case involving imminent and serious threat to the health of ...
How do I file a complaint against a dental office?
A member may file a complaint/grievance with the Department of Managed Health Care (DMHC) if no response is received from Dedicated Dental within 30 days or as soon as a written decision has been rendered, or any time in any case determined by the DMHC to be a case involving imminent and serious threat to the health of ...
How often do dentists make mistakes?
Even very experienced dentists make mistakes. While roughly thirteen percent of all malpractice claims are against dentists, it is not unfair to say that many more instances of dental malpractice exist that go unreported. This is because many people are hesitant to sue.
Is dentist liable for nerve damage?
Just like any other medical professional, a dentist has a duty to prevent harm to patients and treat them using acceptable techniques. When a dentist causes nerve damage by deviating from the acceptable standard of care for the patient’s situation, the dentist commits medical malpractice .
