Full Answer
Finally, your dental malpractice lawyer will negotiate a settlement with the dentist or dentist office that caused your injuries. If a favorable settlement is unattainable, your dental malpractice lawyer will file a lawsuit and fight your case in court.
If a favorable settlement is unattainable, your dental malpractice lawyer will file a lawsuit and fight your case in court.
The dental malpractice lawyers at Morgan & Morgan can: Suffering from dental malpractice can be devastating physically, emotionally, and financially. While the dental malpractice attorneys at Morgan & Morgan can’t help you heal any faster, we can help you recover compensation in a difficult time.
If during the course of a dental exam, procedure, or surgery you experienced a significant injury that would not have otherwise resulted if the examiner or dentist had done his or her job properly, you may be able to sue the dentist and/or dental office.
Generally, you must file a claim within two years from the date of discovery, or the date when you knew or reasonably should have known that a negligent act or omission occurred. In no case can you file a dental malpractice claim more than four years after the date that the malpractice occurred.
Let's dive deeper into some of the most common examples of dental malpractice.Dentist Using Excessive Force on Young Patients. ... Performing Non-Medically Necessary Dental malpractice Procedures. ... Not Using Appropriate Anesthetic. ... Broken Instrument/Broken File. ... Broken Jaw. ... Broken Tooth. ... Extractions. ... Fillings.More items...
There are two basic types of malpractice insurance — 'claims-made' and 'occurrence'.
One common reason dentists are accused of malpractice is because they fail to procure a patient's informed refusal or consent to carry out a given procedure. When a patient doesn't provide their consent for X-rays necessary for a dentist to diagnose a condition, it's important for him or her to get that in writing.
To sue your dentist, you will need to show that they didn't follow the standard of care required by the dental profession and their failure caused your injury. A malpractice attorney is the best person to listen to your situation and tell you if you have a strong malpractice claim.
Failure or delay in the diagnosis of an oral condition or disease. Dental surgical errors. Improper or inappropriate treatment of a dental condition. Use of a defective or ill fitting dental device.
You can sue your dentist if they have failed to provide an acceptable standard of care. This usually occurs when their direct action or inaction has led you to suffer avoidable injury, harm or suffering.
Occurrence malpractice insurance provides coverage for incidents that occurred during the policy year, regardless of when a claim is reported to the carrier. Claims-made malpractice insurance provides coverage if the policy is in effect both when the incident took place AND when the claim is filed.
three yearsThe statute of limitations for dental malpractice actions based on negligence is three years after the date of injury or one year after the plaintiff discovers the injury — whichever comes first.
The following elements to have a winning dental malpractice case are:Proof of an existing relationship between the dentist and patient.The nature and severity of the patient's injuries.The required standard of care for the specific procedure.How the standard of care was broken and led to harm for the patient.
First, discuss any concerns you have with your dentist. Many times this will help clear up the matter. If further assistance is required, patients have other options: Contact your state dental society to ask if they have a process called peer review.
Can you sue a dentist for a bad root canal? Yes, in some cases you can sue your dentist for a bad root canal treatment if the procedure was not performed to an acceptable standard, or if your dentist neglected their duty of care, resulting in unnecessary pain, harm and suffering.
Dental malpractice can leave you in a difficult spot. Hiring the right attorney can make all the difference in whether your outcome is a positive o...
One way to report dental malpractice is by filing a complaint with the dental board or association in your home state. State boards conduct investi...
Each state provides its own statute of limitations for filing a civil lawsuit. Typically, the time period you have to bring your dental malpractice...
Dental malpractice claims can stem from a number of different reasons such as injuries or infections from procedures or surgeries, performing the i...
Typically, dental malpractice claims require proving negligence on behalf of your dental provider. In order for you to prove your case, you must sh...
Dental malpractice is a form of medical malpractice. These civil lawsuits provide the opportunity for those who have suffered injuries caused by ne...
Do you believe that you or a family member suffered a life-altering brain injury or other catastrophic injury due to an anesthesia or surgical error by a dental professional? An attorney from Salvi, Schostok & Pritchard P.C.
As our attorneys have seen, dental anesthesia errors can cause devastating harm to patients and have an impact on the lives of their loved ones as well. Some of the signs of brain injury caused by anesthesia include:
At Salvi, Schostok & Pritchard P.C., our lawyers will pursue full compensation for the injuries and losses that a negligent dental professional has caused you to suffer. We will thoroughly investigate your case and consult with experts to determine the amount of damages that you should pursue. Those damages could include:
Illinois law limits the period of time you have to bring a medical malpractice claim such as a dental negligence lawsuit. This is called the “statute of limitations.”
If you are ready to learn about your legal options, contact our experienced and compassionate dental malpractice attorneys to discuss your case. You can reach us by phone or through our online form.
Our Attorneys Have a History of Record-Setting Results for Malpractice Victims Across Illinois. As Proven Medical Malpractice Attorneys in Chicago, We Have The Resources to Help.
Dedicated to Protecting Injured Victims and Their Families Since 1931! We Focus on Intelligent Legal Representation
Let the practice of Law Offices of Jay S. Sheth, LLC in Chicago, Illinois be your Dental Malpractice advocate.
Contact Pfaff, Gill & Ports, Ltd. for your Dental Malpractice needs in Illinois.
Representing people in Chicago, Illinois with their Dental Malpractice issues.
When you need legal representation for your Dental Malpractice, connect with Seidman Margulis & Fairman, LLP in Chicago, Illinois.
A law firm in Chicago, Illinois, Law Offices of Mathys & Schneid experienced in helping clients with Dental Malpractice issues.
Dental Malpractice Lawyers at 325 North LaSalle Drive #300, Chicago, IL 60654
Dental Malpractice Lawyers at 161 North Clark Street, Suite 2100, Chicago, IL 60601
Dental Malpractice Lawyers at 320 W. Illinois Street, Suite 2312, Chicago, IL 60654
Dental Malpractice Lawyers at 309 W. Washington Street, 9th Floor, Chicago, IL 60606
Dental Malpractice Lawyers at 20 S. Clark Street, Suite 700, Chicago, IL 60603
Dental Malpractice Lawyers at 368 West Huron Street, Suite 100, Chicago, IL 60654
Dental Malpractice Lawyers at 20 North Clark Street, Suite 600, Chicago, IL 60602
Some of the most common examples of dental malpractice include: Failure to diagnose conditions such as gum disease, oral cancer, and temporomandibular joint (TMJ) disorders. Improper extractions, which may lead to TMJ disorders, severed nerves, or fractures of the jaw.
Breach of Care: You must prove that your dentist caused your injury or made an existing condition worse through their actions or inactions. An expert medical witness can likewise help in establishing specifically how care was breached, such as by outlining which steps should have been taken to prevent the injury.
Medical Standard of Care: The medical standard of care refers to the level of care a similarly skilled dentist would have provided given identical circumstances. This is typically established by an expert medical witness who has experience with the procedure in question.
Dental Malpractice. For many people, no matter their age, going to the dentist is a chore. But as much as you might dread going to the dentist, chances are, you take some comfort in the thought that you’ll receive quality care during your visit. Unfortunately, that’s not always how it goes. While the definition of dental malpractice varies ...
In some instances, a negligent dentist can cause permanent damage, disfigurement or lasting pain. Patients have died from untreated infections or complications from improperly administered anesthesia.
Generally, dental malpractice claims are governed by the same legal rules as medical malpractice claims. In Illinois, filing a malpractice claim and gathering the required information is a lengthy process. There are also stringent filing deadlines and a strict statute of limitations.
Dental Malpractice occurs when a dentist or other dentist office staff member performs a negligent or reckless act that results in an injury to the patient. If during the course of a dental exam, procedure, or surgery you experienced a significant injury that would not have otherwise resulted if the examiner or dentist had done his ...
Additionally, if a dentist or dental examiner failed to diagnose or treat a medical issue that would have been found or treated by a dentist or examiner exercising a high level of medical proficiency, and you suffered an injury as a result of this failure, you may also have a case.