This list is not all-comprehensive, however; many times, a situation that does not fit into the above categories can still classify as a case of medical malpractice, as long as the patient can prove a failure to conform to standards of care by the dental professional. On the other hand, not every poor outcome resulting from a treatment necessarily dictates malpractice, as many of these more complex treatments can have unintended complications arising. This will be the case regardless of the prudency or skill level of the dental professional.
As a result of this level of sophistication in the dental malpractice realm, it is absolutely essential that you hire an attorney with experience in the field. It is also vital that your attorney comes from the state in which the alleged malpractice occurred, as statutes of limitation differ across state boundaries (two years, per Michigan state law).
The Dental Malpractice Case & Holding Dentists Accountable
The reason for having medical malpractice claims is to guarantee that healthcare professionals of all sorts are held to the highest standards when conducting their practice, and to make sure there are consequences for any healthcare professional who does not match these standards. When building a legitimate case for dental malpractice, a few things must be confirmed. If any of these aspects are not able to be proven without a shadow of a doubt, the situation becomes significantly trickier for any victims seeking recompense.
First, the patient must demonstrate that they were owed a certain standard of care by the dental professional, by going to them for a certain procedure or treatment. This can be as simple as showcasing the diagnosis or treatment for which the patient initially contacted the dental office.
Next, the patient must point out where exactly the dental professional failed to conform to the standard of care agreed to by both patient and dentist. This can range anywhere from a poor diagnosis to a botched procedure. The patient must demonstrate that another, competent dental professional could have performed the task to a higher standard of care.
Finally, a definitive link between the dental professional’s failure and the patient’s pain must be established. This connection will reveal that the injury was a preventable one, holding the dentist or dental assistant liable for any additional medical expenses, lost wages, or other compensatory measures.
Contact A Dental Malpractice Attorney And Get Your Life Back on Track
If you believe you or a loved one have a case for dental malpractice, time is absolutely of the essence. Statutes of limitation can vary depending on the situation, and in Michigan a plaintiff must act within two years of the act or failure by the medical professional in order to have a valid claim. Reaching out to a dedicated law office with experience in the field will be your first step, as they can best assess whether you have a legitimate claim to compensation by the dental professional. Contact The Clark Law Office today for a free confidential consultation. We charge no fees unless you win and will pay for all up front costs including an investigation and hiring dental experts if necessary. Call us today at (517) 347-6900!