Many dental patients do not report instances of professional malpractice, causing them to experience pain and discomfort for many years to come. In fact, some dental patients do not report their injuries because they are not even aware of their right to do so under the law.
Dentists may commit malpractice when their actions or inactions fall outside the standard of care. If you believe that you are a victim of dental malpractice, a professional attorney could investigate what happened and determine if you have a case. A Fremont dental malpractice lawyer could represent you and your interests both in and out of court.
Types of Dental Malpractice
Dental malpractice, unfortunately, is more common than most people think. Some of the most common types of dental malpractice in Fremont include:
- Dental procedures which a dentist performs improperly
- Lack of informed patient consent for a dental procedure
- Missed dental diagnosis
- Improperly diagnosing a dental condition
- Keeping inaccurate or incomplete dental records for patients
- Failing to warn patients of the risks associated with a dental procedure
Dental malpractice and poorly performed dental procedures can lead to all sorts of complications. Those complications may include loss of a tooth (or several teeth), gum pain, mouth infection, injury caused by improper anesthesia administration, jaw or tongue damage, or loss of the ability to taste.
Proving That Dental Malpractice Occurred
Dentists must perform all procedures in the same manner as a reasonable dentist would perform them, acting under the same or similar circumstances. When a dentist deviates from this reasonableness standard, an injured patient may be able to take legal action.
In a dental malpractice case, the injured patient has the burden of proving their injuries and damages. In addition to proving that the dentist deviated from the standard of care, the injured patient must also be able to show that they were injured and that they sustained damages.
This latter step typically requires testimony from another dental provider or medical expert who can demonstrate based on their own knowledge that the treating dentist committed malpractice. A Fremont dental malpractice lawyer with experience in this regard may be able to help plaintiffs connect with applicable experts for their particular situation.
Available Compensation in Dental Malpractice Cases
In terms of available damages in Fremont dental malpractice cases, an injured patient may be able to recover the costs of all dental bills, including those for corrective procedures. The injured patient may also be able to seek damages their lost wages for time missed from work, whether to attend dental appointments or simply to recover from an injury.
Improperly performed dental procedures can also produce a great deal of pain. Consequently, an injured dental patient may be able to recover compensation for all of the inconvenience, stress, suffering, and pain that they went through because of the malpractice. Speak to a Fremont dental malpractice lawyer to find out what individual damages may be available in a specific potential case.
Talk to a Fremont Dental Malpractice Attorney Today
Dental malpractice in Fremont is sometimes hard to prove. This is because many insurance companies tend to presume that dentists and other medical professionals always act appropriately and reasonably under the circumstances. There is also a perception that dental patients who claim injuries are only in it for the money.
Given these hurdles, it is important to have a knowledgeable attorney representing you throughout a dental malpractice case. An experienced Fremont dental malpractice lawyer could know about and understand the tricks and pitfalls that insurance companies routinely use to try and limit or deny coverage in these cases. Call today to learn more.