Dental Malpractice Attorneys

For many people, no matter their age, going to the dentist is a chore. But as much as you might dread going to the dentist, chances are, you take some comfort in the thought that you’ll receive quality care during your visit. Unfortunately, that’s not always how it goes.

While the definition of dental malpractice varies from one state to the next, it generally involves harm to a patient due to substandard care. This may include anything from failure to diagnose or treat conditions to intentional misconduct. What do you need to prove dental malpractice claim, and how can a dental malpractice lawyer help you?

Elements of a Dental Malpractice Claim

To make a successful case for dental malpractice, there are a few facts the injured patient must establish:

• Provider-Patient Relationship: A dentist-patient relationship must have been established.
• Medical Standard of Care: The medical standard of care refers to the level of care a similarly skilled dentist would have provided given identical circumstances. This is typically established by an expert medical witness who has experience with the procedure in question.
• Breach of Care: You must prove that your dentist caused your injury or made an existing condition worse through their actions or inactions. An expert medical witness can likewise help in establishing specifically how care was breached, such as by outlining which steps should have been taken to prevent the injury.
• Severity of Injury: You’ll need to document the nature and extent of your injury.

Examples of Dental Malpractice

Even routine procedures can go awry if your dentist doesn’t meet their standard of care. Some of the most common examples of dental malpractice include:

• Failure to diagnose conditions such as gum disease, oral cancer, and temporomandibular joint (TMJ) disorders
• Improper extractions, which may lead to TMJ disorders, severed nerves, or fractures of the jaw
• Failure to adequately treat complications such as infections
• Improper administration of anesthesia
• Failure to supervise hygienists and other employees
• Missed diagnosis of conditions such as periodontal disease due to lack of X-rays and other necessary measures
• Failure to plan dental implant treatment, leading to complications
• Performing the incorrect procedure on the patient

How a Dental Malpractice Attorney Can Help

If you believe you have been injured due to medical malpractice on the part of a dentist, orthodontist, or oral surgeon, you may be able to recover compensation for your medical bills, lost wages, pain and suffering, and other damages relating to your injury. The dental malpractice lawyers at Morgan & Morgan can:

• Determine the strength of your case and whether your dentist breached their duty of care
• Gather expert witnesses to establish how care was breached
• Demonstrate that their breach of care directly caused you harm
• Collect evidence in support of your claim
• Take your case from start to finish with the appropriate attention to detail

Contact a Dental Malpractice Lawyer

Suffering from dental malpractice can be devastating physically, emotionally, and financially. While the dental malpractice attorneys at Morgan & Morgan can’t help you heal any faster, we can help you recover compensation in a difficult time. For more than three decades, we’ve helped victims just like you. Find out how we can help by scheduling a free case evaluation now.

When Does Failure to Follow a Doctor’s Instructions Prevent Me From Pursuing a Lawsuit?

Let’s say you got treated and discharged from the healthcare facility. Before being discharged, the doctor gives you a set of medications to take while at home for a specified period. Suppose you do not take the medication and later develop complications. In that case, it may be difficult to take legal action against the doctor.

The argument here is that the doctor was not negligent; they played their part and prescribed the documentation needed to improve your condition. Therefore, it would be your responsibility to ensure that you follow the doctor’s instructions.

Also, bear in mind that each case is unique; speaking with an experienced attorney can help clear any doubts about your legal options.

Will Insurance Companies Check If I Followed My Doctor’s Instructions When I File a Claim or Lawsuit?

Insurance companies will go to any lengths to avoid settling your claim. And in cases where they cannot escape settling a claim, they will at least try to come up with reasons to pay less than what you truly deserve. Therefore, if checking whether you followed your doctor’s instructions could swing the case in their favor, they will likely do that.

Does Following a Doctor’s Instructions Apply Only to Medical Malpractice Cases?

This scenario applies to many other cases. For example, let’s say you slipped and fell at a grocery store and suffered serious injuries requiring surgery. In that case, a Morgan & Morgan slip-and-fall attorney might be able to help you file a claim or lawsuit against the grocery store owner or management.

But if your doctor tells you to avoid lifting heavy objects for a month, you should follow their instructions. This is because failure to follow your doctor’s instructions could jeopardize your slip and fall case.

For example, if you go to the gym to do some heavy squats with weights at a time when you should be at home recovering per your doctor’s instructions, this activity alone could jeopardize your entire claim. Remember, insurance companies hire private investigators to spy on claimants. Part of the reason for doing this is to prevent insurance fraud.

In that case, the insurance company could claim that you faked your injuries, or they were not as serious as you claimed. Specifically, they could claim that you should not have been working out at the gym if you were seriously injured as you claimed. This could be a valid argument even if you were indeed injured and your reason for working out had nothing to do with insurance fraud.

What Should I Do If I Do Not Trust My Doctor’s Instructions?

While following your doctor’s instructions is important, you should not do so blindly. Instead, call their office for further verification if you do not trust your doctor’s instructions.

If you still believe that the doctor’s instructions are a little strange, consider speaking with an experienced healthcare provider, such as your nurse or another doctor in your network. If the doctor’s instructions are incorrect for your specific situation, you might have a medical malpractice case against them.

How Does a Medical Malpractice Case Apply to My Situation?

An experienced medical malpractice attorney should be able to review your case to determine exactly the kind of malpractice in question. For instance, if your doctor’s instructions do not match your specific medical condition, you may have a misdiagnosis case against them.

In the end, it all depends on the specifics of your situation. A competent medical malpractice lawyer will inform you if you have a valid case against your doctor.

Where Can I Find a Competent Medical Malpractice Attorney?

Regardless of where you live in the United States, Morgan and Morgan medical malpractice attorneys can help you or your loved one if injured due to a doctor’s negligence. Our law firms serve clients throughout the country, providing legal representation for cases as complex as medical malpractice.

We know how unreasonable insurance companies can be when it comes to these kinds of cases. But, whether you have a case of medical malpractice, slip and fall, or anything else along those lines, we might be able to fight back and claim the compensation you need and deserve.

How Can Morgan and Morgan Attorneys Help?

At Morgan and Morgan, we are a law firm that deals with facts, not assumptions. Failure to follow your doctor’s instructions does not necessarily mean that you were not injured. In fact, it could mean something else. For example, you probably were at risk of suffering even more injuries by following your doctor’s instructions. Assuming that your doctor’s instructions were correct, but you still did not follow them, you may have had a valid reason not to.

In the end, the specifics of your case will determine whether or not you have a valid claim. Do not assume anything. Instead, contact us today for a free case evaluation.