Were You Harmed During a Dental Procedure?
Dental Malpractice generally refers to an injury caused by a negligent dentist. Any kind of negligence or poor quality dentistry can be defined as dentist malpractice, which could result in a dental malpractice lawsuit.
Sadly, it can only take one act of negligence on the part of a South Carolina dentist to permanently harm a patient for life. Dental malpractice can occur if a dentist fails to diagnose or treat possible conditions such as oral cancer or other serious problems; delays diagnosis or treatment of oral disease or other precarious oral conditions or any intentional misconduct on the dental professional’s part.
Dental Malpractice Lawsuit Elements
As is with any medical malpractice case, there are steps and procedures that must be followed for a successful claim to be brought to the court. For a dental malpractice lawsuit to be successful, an injured patient and their attorney will usually establish the following:
- The existence of the relationship between the patient and dentist. This is usually not disputed and easy to prove.
- What was the appropriate standard of care in the situation? Medical standard of care denotes a level of care that would be given by a similarly skilled dentist in similar treatment circumstances. This is usually established by a qualified expert witness.
- If the standard of care was breached, how was it breached and how did it cause harm to be inflicted on the patient? The plaintiff needs to prove that the dentist caused the injury or made a condition that was already existing worse by their action or in action. This can again be established by an expert witness brought in by the plaintiff who will answer pertinent questions.
- What were the proper steps the dentist should have taken when treating the patient?
- What steps did the dentist actually take?
- How did the steps taken by the dentist contribute to or cause the patient’s injury?
- What were the extent of the patient’s injuries? Before filing the malpractice suit, it’s important to establish how serious the injury was. It may not be worth pursuing and wasting time and expense if the injuries only caused temporary discomfort and pain.
If you or a loved one has suffered a personal injury at the hands of a negligent party, do not hesitate to contact our experienced South Carolina personal injury attorneys.
Once a complaint has been filed, documentation including dental records, records of previous or subsequent treatment, and evidence of the cost of treatment will be reviewed. In most cases, settlement is reached out of court. If this is not the case it will go to trial.
If you or someone you love was injured by a dentist, turn to John Price Law Firm, LLC. Our Charleston lawyers have experience handling these unique medical negligence cases. We are available to help you pursue full and fair compensation for injuries.