Building a Case for Dental Malpractice in Michigan

Two male dentist in uniform perform dental implantation operation on a patient at dentistry officeAcross the United States, people rely on various medical practitioners every year to keep themselves healthy and fit. One of the most quintessential groups of these medical workers are dentists, who are necessary in giving us the tools and treatment to continue functioning in everyday society.  However, it is an unfortunate fact of life that people make mistakes, regardless of their profession; dentists are no exception. The difference is, a dentist’s error can lead to long-term, serious pain, even potentially chronic or life-threatening suffering.  While at first many victims will not even think they have suffered malpractice by their dentist, as soon as they realize that their pain is abnormal they need to reach to a medical malpractice lawyer.   The Clark Law  Office has successfully handled dozens of dental malpractice cases and have the tools and experience necessary to pursue a claim on your behalf.

Filing a Dental Malpractice Claim

Dental malpractice, like the overarching issue of medical malpractice, is a serious issue that plagues many Americans every year. The very nature of these professions means that one-time errors or negligible mistakes can cause lasting, long-term damage to the victim, even leading to lifelong pain.  The most common type of dental malpractice falls in the grouping of dental extractions, though there are many other malpractice situations, such as endodontic procedures, dental implants, failures in the diagnosis or treatment of periodontal disease, and poor crown or bridge treatment.

Much like with medical malpractice, a variety of situations can occur in dental malpractice, leading to long-term dental injuries. These situations include but are not limited to:

  • Poorly performing a procedure, or performing an unnecessary procedure
  • Failure to diagnose or treat a dental condition properly
  • Errors in the root canal procedure or anesthesia administration
  • Failure to disclose all associated risks with a certain dental procedure
  • Nerve injuries relating to the jaw, lips, or tongue
  • Errors resulting in physical facial deformities
  • Injuries resulting from wisdom tooth extraction

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!

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