dental care

Medical Negligence Claims
What to Do In Case of Medical or Dental Malpractice

Is making medical negligence claims on your mind following a substandard or botched medical or dental procedure?

Medical negligence refers to a case you can file when you, as a patient, suffered unnecessary or unwarranted pain and other type of damage, whether physical, emotional, or psychological damage after an unsuccessful medical or dental procedure caused by an error on the part of your doctor or dentist.

Medical malpractice is more common than dental malpractice. Dentists have very strict standards and procedures when it comes to conducting dental treatments. Doctors, however, face more tough decisions and usually holds patients’ lives in their hands.

Dentists have it easier since fatalities caused by dental problems or dental procedures are very rare. At the most, patients will suffer unnecessary, extreme, or prolonged pain and suffering.

If you are a victim of medical or dental negligence, exercise your right to seek compensation.

Guide to Medical Negligence

  • When You Can File Medical Negligence Claims
  • Common Negligence Claims in the Dental Field
  • How to File Claims for Compensation

1. When You Can File Medical Negligence Claims

medical negligence claimsThere are many instances or situations that will allow you to make medical negligence claims against health care professionals who provided you with less than pleasant treatment and care.

One common condition for filing a medical negligence claim is when the doctor commits an incorrect or unnecessary treatment action that leads to problems affecting the safety and comfort of the patient.

On the other hand, the failure to conduct the proper treatment or negligence in administering necessary treatment are also grounds for medical negligence cases. These two cases are called commission and ommission.

You can also file malpractice claims against doctors who give you the wrong diagnosis for your condition and subsequently treats you erroneously. The failure to give a diagnosis alone is already a deviation from the duties of the professional. The reason why diagnosis is extremely important is that early and correct diagnosis of a condition improves patients’ chances of surviving, in most proven cases.

Your doctor or dentist may also face malpractice claims if they give you the wrong medication, prescribe the wrong dosage which may lead to drug abuse, drug dependence, or drug overdose, or if they failed to check whether a drug would have dangerous interactions with other drugs you are taking or whether there would be any allergic reactions.

2. Most Common Dental Negligence Problems

Most of these can happen to any field in the medical world. In the dental world, however, the risks faced by dentists are significantly less.

Dentists only deal with teeth, which is just one of the many parts of the body. Teeth are also not essential for life. They do cause a lot of pain and discomfort, though, but mostly the dangers are lesser.

Dental negligence may be filed if the dentist conducts an extraction and removes the wrong tooth, or if a procedure is done incorrectly that the patient experiences pain or the teeth are permanently damaged in some way. These are the most common rationale behind dental negligence claims.

3. How to File Claims for Compensation

Did you suffer from a botched medical or dental procedure?

Do you want to file a medical negligence claim?

The first step in this long and twisted process is to get a dentist who will represent you throughout the case. This is a crucial point and a crucial decision to make. You need to hire a dentist who is experienced in medical negligence cases so he or she will know the twists and turns pertaining to the case.

You should tell your lawyer exactly what happened. There are some law firms that offer specialized medical malpractice lawsuit representations; some of these law firms even promise that you won’t need to pay anything unless you win the case.

Take time to compare different lawyers and pick someone who meets the standards and one with whom you feel comfortable.

After you and your lawyer build your case, you need to get a certificate of merit then the other party that you are suing will be informed of the lawsuit. After this, negotiations for the settlement will ensue.

The Four Basic Legal Elements

A medical malpractice case has four basic legal elements, namely the dentist’s duty, the negligence involved, an injury, and causation, or evidence linking that the injury really came about as a result of the said negligence and not through other reasons. 

Duty and injury are easy to identify, but you and your lawyer will probably spend the most time on the negligence and the causation. You need solid causation and the negligence you claim against should be valid.

Your entire medical negligence claims will be based on these four elements.

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