A trip to the dentist is necessary if you want to enhance your dental health. These professionals are well-trained to perform their work to the highest standards. Regardless if it is for treatments or routine check-ups, you can expect them to resolve your needs in no time. But, that is not always the case. For others, a bad dentist experience can happen.
It’s a sad fact that dental negligence still occurs, and anybody can become a victim of this type of carelessness. Do you happen to be in this situation or know someone who does? We’re here to help you with the process of getting legal counsel and determining what steps you can take.
Personal Injury Law
Suppose you don’t have a private dental care provider. In that case, there is a high chance for you to encounter bad dental work. If you suffer an injury due to a failed dental procedure, you have the right to sue and file a legal claim.
Personal injury law dictates that the person responsible for the incident must provide the victim its necessary needs. This law applies when the circumstances establish carelessness on the professional’s end.
Filing a Personal Injury Claim
There are many reasons you can sue a dentist, as long as the occurrences result from poor dental care. Here are some valid dental cases that you can claim:
Overstepping the Scope of Consent
You can sue your dentist under this claim if your dentist carries out a procedure or treatment without your knowledge or permission.
Failure to Operate Dental Instruments
Dentists must be well-versed in the proper operation of their instruments and the use of anesthesia. If you are not confident with your dentist’s method, you might be dealing with a poor-quality dental treatment.
Cosmetic Incompetence
In specific cosmetic dentistry procedures, a dentist might incorrectly perform his duties. This action can result in irreversible harm to the victim’s teeth. For example, extensive enamel removal in preparation for veneers might cause permanent damage.
Oral Infections from Treatment
There are situations when a dentist uses ineffective treatment procedures. As a result, it can lead to further problems and worsens your condition.
Possible Penalties
Every consequence depends on the judge’s order. It can either be as monetary compensation or other disciplinary actions. Before the court decides on a decision, in this case, it is common for the parties to strike an agreement.
Aside from that, dental negligence can result in additional consequences. While determining the severity of each penalty, the court accounts for the damages and other violations.
Probation
In addition to imprisonment and penalties, dental negligence is punishable by probation. If the court decides to place a dentist on probation, the court imposes limitations on the dentist. This probation serves as a protection against further damages and committing other crimes.
Imprisonment
Practicing dentistry without a professional license is illegal. If the court confirms that your dental provider operates without the necessary permits, they might serve several years in jail. In other countries, conducting dental treatment without a license is a criminal offense. This often results in a maximum of a five-year prison term.
State Fines and Fees
For each offense, dental malpractice ends with a considerable number of penalties and other fees. These expenses are in addition to the victim’s compensation. Each violation enables the state to pursue extra penalties basing on the severity of the offense.
Other Penalties
If the patient acquires injuries that impact their lifestyle, they have the right to seek additional compensation. These can be anything, as long as they are necessary to recover the losses from the negligence.
Your Rights as a Patient
Substandard dental work entitles everyone to seek repair and compensation. If you believe you have a solid case for dental negligence, you should take the initial step and seek legal counsel from a medical malpractice attorney.
Don’t be afraid to share every detail with your attorney, as they can assist you in determining whether you have a viable case before heading to court. More so, they will be the ones to walk you through the legal procedure.
A Word of Advice
Even if you believe you have a good case, your dentist might be able to defend against the malpractice claim effectively. So, be careful not to confirm any comparative negligence. If this happens, your dentist can suggest that you have equal responsibility for your injuries, meaning that both parties are responsible for the harm, rendering your claim invalid.