How Often is Cancer Misdiagnosed?
Posted in: Medical Malpractice
36% of Americans have a fear of dental procedures. Even without dentophobia, however, you likely agree a trip to the dentist isn’t the most exciting way to spend time. Still, most of us recognize the importance of oral health and trust dentists to provide quality care.
Unfortunately, a dental provider could betray that trust any time you visit. If you’re a victim of dental malpractice in Ohio, you may be entitled to compensation.
Proving negligence in a dental malpractice case is challenging. The experienced Columbus dental malpractice attorneys at Kisling, Redick, & Nestico can guide you through the process and help you secure maximum compensation.
Dental malpractice is a form of medical malpractice. Both involve the negligence of a healthcare professional.
Columbus dentists and other dental care providers have to treat patients with a standard of care. They might injure a patient if they do not follow proper steps and medical protocols.
While there are many ways this can occur, some of the most common examples of dental malpractice include:
Dental professionals might fail to diagnose a dental condition promptly or accurately. The longer you are undiagnosed, the longer you go untreated, and the more likely you will face serious complications.
For example, if you have gum disease and your dental care provider does not diagnose it, you could experience receding gums, bone infections, tooth loss, and more.
Before most dental surgeries, you will receive local anesthesia (novocaine). Your dental health professional should know the correct dosage and injection method to numb you appropriately.
If they give too much anesthesia or inject it improperly, you could suffer injuries such as lasting nerve damage. If too little anesthesia is given, you might be in significant pain during the procedure.
A serious type of dental malpractice involves improper tooth extraction. For example, an oral surgeon might accidentally remove the wrong tooth, break the jawbone, or cause excessive bleeding.
Dentists can cause serious health issues if they do not properly clean and sterilize instruments or use the incorrect tool during a procedure.
Dental professionals must obtain a patient’s informed consent before performing a procedure. Informed consent involves giving the patient relevant information about treatment and only proceeding if the patient agrees.
Dentists who fail to discuss the possible risks or complications before performing a procedure may be liable for malpractice.
If a dentist or pharmacist makes an error regarding your dental treatment medication, you can suffer serious harm, including fatal injuries.
Unfortunately, dental malpractice can cause significant harm. Common injuries include:
Recovering from these injuries can involve expensive medical bills and time-consuming treatments. You might wonder how to pay for the cost of recovery. KNR is here to help.
You can file a claim to help recover compensation after a dental injury. Here are a few elements of a dental malpractice claim that KNR can help with:
To prove negligence, you must prove the dentist breached their standard of care. Breaching the standard of care typically means the dentist acted in a manner that another dentist with similar experience would not have done in similar circumstances.
KNR can help prove negligence in your case, which involves showing:
When you file a complaint of dental malpractice in Columbus, you must also submit an Affidavit of Merit. This is a statement from an expert witness, such as another dentist, who is familiar with dental providers’ standard duty of care.
An Affidavit of Merit should certify the expert witness has reviewed your medical records with you and agree there was a breach of duty that caused your injuries. KNR can gather expert witnesses and help you submit your documents for review.
You will likely seek compensation through the dentist’s insurance rather than the dentist themselves. Most dental practices have substantial insurance policies and dealing with adjusters can be overwhelming. KNR’s legal team has in-depth experience with dental malpractice claims and negotiation skills.
It is important to note that dentists aren’t required to carry malpractice or professional liability insurance in Ohio. If needed, you may pursue compensation through a lawsuit or other means. Our trial lawyers are experienced in lawsuits and have successfully recovered compensation for many injury victims.
Through an insurance claim or lawsuit, KNR will fight hard for you to recover financially. Your attorney will help you obtain compensation for your damages. These are your losses resulting from a dental injury.
Damages in a Columbus dental malpractice case can be economic and non-economic. Economic damages are easily attributed to a number value, such as lost income or medical bills. Non-economic damages are more intangible, including pain and suffering, disability, mental anguish, and more.
According to the Ohio statute of limitations, you must file a dental malpractice claim within one year after the date of the incident.
If you wait longer than a year, you could miss out on the chance to obtain compensation. It is crucial to contact a dental malpractice attorney as soon as possible so they can get started on your case promptly.
Medical malpractice claims in Ohio are capped at $350,000 per plaintiff and $500,000 total per occurrence. However, every dental malpractice claim is different. Our attorneys can evaluate your case and calculate its value.
Value is based on your damages, their impact on your life, input from experts, and other factors that apply. Our assessment will be thorough to best supplement your claim or lawsuit.
Dental hygienists and assistants are still considered medical professionals that must provide a standard duty of care. Therefore, they can still be held liable for your dental malpractice injuries.
A Columbus dental malpractice accident can be painful for you and your pockets. An attorney is often the best resource for you to secure full compensation after a dental accident injury. The Columbus injury lawyers at Kisling, Nestico, & Redick are here to learn more about your case. Time is limited in your claim, so don’t wait to take action.