Most dentists now carry malpractice insurance due to the number of lawsuits filed against dentist every year. The term "dental malpractice" refers to the dentist be accused of doing something negligent that has caused harm or injury to their patient. Most lawsuits involving dental malpractice are filed because a patient is not happy with the outcome of the procedure that was done.
Most lawsuits never see the inside of a courtroom; they are often settled out of court by a mediator or the insurance company. In fact, current data shows that only 5% of all cases will go to court. The settlement agreed upon takes into account the details of each incident and how much pain was involved to remedy the situation. Most of the lawsuits involving dentists stem from the wrong teeth being removed.
The cases that actually involve death are very rare in the dental practice. Any case that involves a death usually involves improper use of anesthesia or an allergic reaction to the anesthesia. The cases that involve the death of a patient almost always go to court. Many of the other cases involve losing feeling in their mouth or tongues due to a negligent error made during the procedure. There is a small minority of cases that have to do with misdiagnoses like missing the signs of oral cancer.
Before you run out and hire and attorney to file a dental malpractice lawsuit on your behalf, sit down and discuss the problem with your dentist. If you are unable to resolve the problem amicably then go ahead with the suit and you should also contact your state's dental board. You should retain all notes and correspondences that occur during this process. Make sure you write down everything that happened during the time of the situation, try to record the time, things that were said, who you talked with, and any witnesses to the situation.
If you were unable to work do to the effects of the situation, make sure you document all lost days of work and get a letter from your boss that verifies these lost days and the amount of wages lost. When you go to another dentist to have the work repaired, save your receipts and ask for documentation stating that the first procedures was done negligently. Have any professional you have to see to remedy the situation write down exactly what procedures they preformed to fix the original mistake.
Make sure that you have exhausted all other avenues to try and remedy the situation before you file a dental malpractice lawsuit. If the offense included inappropriate behavior or a very painful procedure do not return to that dentist, seek out another dentist for the repair work. If you do end up going to court make sure your attorney has courtroom experience so they can effectively represent you.
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