If you have been injured by a medical practitioner of any kind, an orthodontist or anyone else, speak to a personal injury attorney. Medical malpractice cases are complex and you will need help. A personal injury attorney can consult for free or a minimal fee and will be happy to assess your case. -findlaw.com
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May 16, 2016 · If you have been injured by a medical practitioner of any kind, an orthodontist or anyone else, speak to a personal injury attorney. Medical malpractice cases are complex and you will need help. A personal injury attorney can consult for free or a minimal fee and will be happy to assess your case. -findlaw.com
An orthodontist, like any other medical professional, has a legal obligation to provide a certain level of competent care to patients. If an orthodontist falls short of this standard and a patient suffers harm as a result, there may be a viable case for malpractice.. For the most part, the legal concepts that apply to medical malpractice lawsuits against a medical doctor will also apply to …
May 11, 2016 · Talk to a Lawyer. If you have been injured by a medical practitioner of any kind, an orthodontist or anyone else, speak to a lawyer. Medical malpractice cases are complex and you will need help. Many injury attorneys consult for free or a minimal fee and will be happy to assess your case. Related Resources:
Mar 24, 2017 · In order to find out if you were the victim of negligence, you need to retain a lawyer willing to investigate the claim. The lawyer will gather your dental records and have them reviewed by a dental expert who will be asked to offer an opinion as to whether 1. the care and treatment you received fell below the applicable standard of care and 2 ...
The short answer is yes. You can sue your orthodontist just as you can sue any other health care professional for medical malpractice. ... In short, if your orthodontist did not provide the level of care that another orthodontist would have in a similar situation, then you may have a viable claim.Dec 29, 2021
What is dental negligence? Dental negligence occurs when a healthcare professional has failed to provide adequate care for you. This can include any instances involving incorrect, delayed or poor treatment that has led to further injury or suffering.
Yes, a dentist can be sued for dental negligence. You need to be able to prove that you suffered an avoidable injury as a result of your dentist's bad work to sue a dentist for negligence.
If you feel you have a strong dental malpractice case, your first step should be to contact a law firm with an experienced malpractice lawyer. They should offer a free consultation and ask questions about the dental care you received.May 15, 2020
How long does a dental negligence claim take? This tends to vary on a case by case basis, but the average dental negligence claim might take between 18 and 24months to be settled. It has also been known for medical negligence claims to take up to three years.
The process of making a dental negligence claim – explained1 – Obtaining your medical records. The first stage in any claim is to obtain your medical records. ... 2 – Review of medical records and instruction of an expert. ... 3 – Examination. ... 4 – Letter of Claim. ... 5 – Settlement. ... 6 – Issuing Court Proceedings.
Compensation Rate is the percentage that you earn. For instance, a practice might pay a compensation rate of 30%. In the ten-prophy example above, a dentist earning 30% would earn $30. The remaining $70 would go towards practice overhead and profits.
Missed appointments Your dentist can terminate your treatment if you miss your appointment without letting the dental surgery know. You may then need to pay again for a new course of treatment.
Orthodontists may be liable for professional malpractice if sub-standard care ends up harming a patient.
First, you'll need to show the existence of a provider-patient relationship, which (in the eyes of the law) gives rise to the orthodontist's duty to provide you with competent care based on the circumstances (more on this duty in the next section).
Did the orthodontist act with the skill and care that a similarly-trained orthodontist would have demonstrated under the circumstances? In legalese, this is known as the medical standard of care, and it's a crucial element in any malpractice case.
It's not enough to show that your orthodontist made the kind of mistake that most others might not have. You'll also need to show that the orthodontist's action (or failure to act) resulted in you suffering some additional injury or harm.
Finally, you must provide details of the actual harm you suffered ("damages" in legalese). Medical malpractice damages might include the cost of additional medical treatment, and income that you lost or will lose because of inability to work.
Most of what an orthodontist does involves malocclusion, or misalignment of the teeth or jaw. So the bulk of malpractice claims against orthodontists arise from straightening and realignment procedures, including:
Before offering treatment, some orthodontists ask patients to sign a document waiving the patient's right to file a civil court lawsuit against the orthodontist. Instead, the document states that any legal claim must go through arbitration, a type of alternative dispute resolution.
Yeow--sorry to see your note. The answer is "maybe". do you still have the subject rubber bands? Any pictures of them if not? In order to bring the claim, you would have to show the doctor acted below the standard of care required of him under the circumstances. That may be that he gave you the wrong bands to use.
Malpractice is care and treatment that falls below the standard of care and causes injury. The standard of care is basically the level at which the average, prudent provider in a given community would practice. It is how similarly qualified practitioners would have managed the patient's care under the same or similar circumstances.
Unlikely that the cost to retain an orthodontic expert is warranted for the damages you claim assuming malpractice. Confirm with local counsel.
I'm going to repost your inquiry to a more suitable topic area So that you may receive more answer (hopefully helpful ones). However, as I'm not licensed in your state and do not practice these suggests areas of law, I can't be more specific.
Reasons to Sue a Dentist: 1 Anesthesia Complications 2 Failure to Diagnose Oral Diseases or Cancers 3 Injuries to Oral Nerves 4 Complications with Bridges and Crowns 5 Tooth Extraction Problems 6 Root Canal Injuries 7 Complications from Novocain 8 Infections 9 Wrongful Death
What To Know About Dental Negligence Lawsuits. One of the most important defenses in a dental malpractice case is proper documentation. The patient’s dental record must contain a clear chronology of events, future treatment plans, and all the important communication between the dentist and patient.
A clear treatment plan (including documentation explaining the reason for any treatment for which the patient has been billed), and. Notes were written at or near the time of the patient’s treatment. Keep in mind that many people will examine the dental record if there is a lawsuit.
In the implant loss subset, two to 10 implants were lost, and treatment planning was alleged to be deficient to non-existent. The patient with the post-operative infection succumbed to the infection. In 24 of the negligence claims involving dental implant surgery, the defendants were general dentists, and one was a periodontist.
There were 19 cases of failure to diagnose or treat periodontal disease in a timely fashion. All defendants were general dentists. In the majority of these cases, X-rays were not taken routinely, and periodontal probings were rarely or never recorded.
The second most common alleged negligence was due to endodontic procedures. Of the above negligence claims due to endodontic procedures, all of the defendants were general dentists. The complications included instruments left in canals, nerve and sinus perforations, air embolisms, and life-threatening infections, including four fatalities. Of the life-threatening infections, seven were due to brain abscesses, and one due to osteomyelitis. Of these eight infections, four were fatalities and four resulted in irreversible brain damage.
It is difficult to categorize this group into subsets because most of the treatments included numerous complaints including open margins, overhanging restorations, and poor occlusion. All cases involved multiple units or “full-mouth reconstructions.” There was a universal lack of treatment planning in these cases. All defendants were general dentists.
First, only a few attorneys ADVERTISE dental malpractice as a specialty. There is no such certification in Florida. I do dental negligence cases (on both sides) and can tell you the same as others.
Only a tiny handful of lawyers handle dental cases, so easiest to Google dental malpractice lawyer.
Since you will have to comply with the malpractice pre-sceening requirements be sure you find someone familiar with them. But, your damages are probably not large enough to support a lawsuit.
My suggestion is to speak to both a dental malpractice attorney and a consumer fraud attorney - best of luck getting this resolved.
You need to find a lawyer who handles medical negligence cases that is interested in investigating the claim. From what you present I doubt you will find any interest. These cases are very expensive and very risky to pursue. In addition your state has been under control of the Republican party and even worse more recently T-people.
It shouldn't take one year and 40 visits to do one implant. Something is not right. Ask for a refund and/or file a complaint with the state dental association. She should probably seek follow up care elsewhere.
I think it's time to find a good orthodontist, get a second opinion, then ask #1 for a return of your money. Otherwise she is having someone operate on her who isn't happy with her--not good.