How To Maximize Your Dental Negligence Claim

Dental negligence is a form of medical negligence, and it is more common than you imagine, even as dental processes are less complicated than surgical procedures. You can claim compensation for your suffering. When you sustain avoidable injury or damage due to your dentist failing to practice reasonable care during treatment. However, things are trickier than they sound because a typical claim process involves several legal steps. You must have sufficient evidence to support your case and calculate its value accurately to get the amount you deserve. Here are a few actionable steps to maximize your claim value in a dental negligence case.

Establish a dentist-patient relationship

Establishing a dentist-patient relationship is the first step to recovering compensation from a negligent provider. When you engage with a dental practitioner for treatment, they have a duty of care to you as a patient. Essentially, it is a legal obligation that requires them to follow a reasonable standard of care throughout the treatment. You can prove the relationship and resultant breach of duty of care by providing a copy of an appointment card, patient record, and dental bills.

Prove the failure to use a reasonable standard of care

After validating your relationship with the practitioner, you must prove their failure to use a reasonable standard of care during the process. It is the tricky part because you cannot rely on paperwork as robust proof. A seasoned attorney is the best person to define a reasonable standard of care in dental negligence claims. The best way to do it is by bringing a seasoned professional to give their expert opinion on the treatment. As expert witnesses, they confirm that an error in treatment led to your injury or worsened your problem. Here are a few common instances of failure to offer the necessary standard of care –

  • Diagnostic error
  • Poor execution without due attention and care
  • Nerve damage
  • Sedation complications
  • Post-treatment complications such as severe infection
  • Failure to inform you about the risks of the procedure
  • Not referring for further testing where required

Quantify the damages

Quantifying the damages is another significant aspect of maximizing your dental negligence claim. Typically, you must add up the cost of additional treatment to rectify the error and loss of earnings when you take time off work during the recovery period. Besides the monetary value of treatment costs and income losses, you can also claim compensation for physical pain and psychological trauma during the long and complicated healing process. An expert lawyer with relevant experience can help you with the calculation of the accurate claim value you deserve. They use pieces of evidence such as bills from further treatment, a testimony of a dental expert, and wage slips to quantify the exact value of the claim.

Although dental negligence claims sound complicated, handling them wisely from the outset gives you the best chances of maximum compensation. Most importantly, you must bring a seasoned legal expert with relevant experience on board because they know the nitty-gritty of the legal process for such claims.

 

 

Medical Device News Magazinehttps://infomeddnews.com
Medical Device News Magazine provides our readership with breaking medical device / biotechnology news. Our subscribers include medical specialists, device industry executives, investors, and other allied health professionals, as well as patients who are interested in researching various medical devices. We hope you find value in our easy-to-read publication and its overall objectives! Medical Device News Magazine is a division of PTM Healthcare Marketing, Inc. Pauline T. Mayer is the managing editor.

More News!

The ArthroFree system is the first FDA-cleared wireless camera for arthroscopy and general endoscopy, both areas of minimally invasive surgery. The system is designed to help surgeons work with aximum dexterity and focus.
The project, which was led by the University of Southern California, included large increases in representation among men of African, Hispanic and Asian ancestries, that were contributed in part by an ongoing collaboration between the U.S. Department of Veterans Affairs and DOE reports Argonne.
This innovative software turns smartphones into medical-grade stethoscopes, allowing people to capture, analyze, and share critical heart health data with medical personnel from the comfort of any location notes Sparrow BioAcoustics.
"Taewoong Medical becoming an Olympus group company is also a major milestone in our global growth strategy," said Henry Shin, CEO of STARmed. "We look forward to our products being made available to more patients through Olympus' global distribution network."
The company reports they have successfully met the six-month primary endpoint for the first-ever female patient implanted with the UroActive™ System, the first smart automated artificial urinary sphincter (AUS) to treat SUI.

By using this website you agree to accept Medical Device News Magazine Privacy Policy