Law

Can You Sue Your Dentist for Malpractice? Understanding Your Legal Rights

When a patient becomes a victim of dental Malpractice, the patient has the right to compensation and justice. Yet, the personal injury claims process is not the easiest to follow, especially if this is the first time filing a case in court. Under such circumstances, retaining the services of a personal injury attorney would be appropriate. He will scrutinize the treatment that the patient has undergone, assess the damages, and demand appropriate compensation.

Dental Malpractice happens when a dentist fails to stick to the rules within the profession. This means that, in any case, a dentist should give the same quality of care as would any other professional in the same position. For instance, after carrying out oral surgery, dentists have to ensure that infections do not occur. A reasonable professional would provide adequate instructions for aftercare and prescribe medication to the patient. A careless medical practitioner may leave an incision open, ignore a patient with a dry socket, or any such complaints. So, to seek proper justice, patients can seek legal help from Noakes Law Group.

What Does it Mean to be a Dental Malpractice?

The failure of the dentist to uphold their oath is a practice of dental Malpractice. Both acts, as well as failure to act, can be involved in dental Malpractice. For instance, if a patient is diagnosed wrongly, it amounts to Malpractice in dentistry. Allowing treatment to take place but failing to perform it adequately also amounts to Malpractice. This might result in a claim of dental Malpractice to seek legal redress if the dentist’s injuries are due to negligence. Most dental malpractice claims, however, find resolution before trial when the dentist’s insurance against Malpractice offers a settlement.

Most common instances of dental Malpractice

  • Prolonged pain or discomfort following treatment: This could imply that a treatment process went wrong, especially when the dentist has filled a tooth or pulled one out.
  • Infections or complications from treatment: After any dental procedure, if the patient experiences signs such as swelling, pus, aftertaste, or bad breath, then these are all abnormal and do need treatment for complications.
  • Treatment can have unexpected results or side effects: After a dentist appointment, people sometimes experience discomfort or a strange sensation in the mouth. Such instances should be noted, and the dentist warned.
  • New issues develop after an already completed dental procedure: After getting some dental procedures well done, patients should not start having some new dental issues that were absent before. That indicates that something must have been wrong with the dental procedures.

What to do following dental medical Malpractice?

In the occurrence of patients suffering from dental negligence, they may consider the following actions:

  • Get Professional Help: Always be effective and conservative and avoid any injuries by quickly visiting the hospital to treat any injuries sustained due to the attention dental services provided.
  • Take Notes: Write down any information about the entire experience with the dentist, including procedures received and conversations held with the doctor. Record injuries and find out about treatment and billing history.
  • Get Legal Counsel: Find a solicitor specializing in medical Malpractice and, more specifically, dentistry, and assist them in evaluating the case’s merits.
  • Make a Report: Depending on the situation, either file a report with the PRC or file a civil action for damages.

Conclusion

Dental negligence has implications for patients, which is a cause for concern. In the Philippines, the legal system provides mechanisms for victims of negligent dentists to seek redress and compensation. When it comes to dental negligence, awareness of one’s rights and the legal machinations at play is essential for achieving justice.

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