Where can Ginsburg&associates trial lawyers help with dental malpractice claims?
At Ginsburg & Associates Trial Lawyers, we assist clients in New Jersey and Pennsylvania with dental malpractice claims. Unfortunately, we can't assist those from other states with their claims, but chances are the concept of dental malpractice is similar in other regions.
What happens if my dental malpractice lawyer can’t settle my case?
If a favorable settlement is unattainable, your dental malpractice lawyer will file a lawsuit and fight your case in court.
Can I sue a dentist for missing pages in my record?
Keep in mind that many people will examine the dental record if there is a lawsuit. Missing pages, inconsistencies, or unclear documentation will be problematic for the defense. If you believe you may have a reason to sue a dentist, you may want to discuss your case with an attorney.
What does a dental malpractice lawyer do?
Finally, your dental malpractice lawyer will negotiate a settlement with the dentist or dentist office that caused your injuries. If a favorable settlement is unattainable, your dental malpractice lawyer will file a lawsuit and fight your case in court.
What happens if a dentist fails to diagnose a medical issue?
Additionally, if a dentist or dental examiner failed to diagnose or treat a medical issue that would have been found or treated by a dentist or examiner exercising a high level of medical proficiency, and you suffered an injury as a result of this failure, you may also have a case.
What is dental malpractice?
Dental Malpractice occurs when a dentist or other dentist office staff member performs a negligent or reckless act that results in an injury to the patient. If during the course of a dental exam, procedure, or surgery you experienced a significant injury that would not have otherwise resulted if the examiner or dentist had done his ...
What is medical malpractice?
Medical malpractice occurs when a healthcare professional provides treatment that deviates from accepted standards of care within the medical community, thereby causing injury to a patient. If a doctor, surgeon, hospital, or another party was medically negligent, they may be liable for any ensuing losses.
What are some examples of negligence by an anesthesiologist?
Some examples of negligence by an anesthesiologist include: Administering the wrong type of dose of anesthesia. Administering anesthesia too late.
Can a hospital be held liable for medical malpractice?
Failure to meet these and other standards may be grounds for a medical malpractice lawsuit. In addition, hospitals can be held vicariously liable if an employee or staff member causes injury to a patient, provided the employee was acting within the scope of their employment at the time the negligent act took place.
Can a doctor be found negligent for failing to order a test?
Failing to order tests: A doctor can be found negligent for failing to order standard tests after observing certain symptoms. Failing to interpret test results correctly: Medical professionals are responsible for interpreting test results correctly.
Can MRIs cause serious injuries?
Medical devices such as MRIs are used routinely to diagnose, treat, and prevent illnesses. However, they can be misused and result in serious injuries or even death. In addition, manufacturers can be liable for manufacturing defects, design defects, and inadequate warnings.
Is medical malpractice a reward?
Unfortunately, that trust isn’t always rewarded. In some instances, the actions (or lack thereof) of a healthcare professional may rise to the level of malpractice.
Is a hospital liable for malpractice?
Hospital Malpractice. In some cases, the hospital itself may be liable in a medical malpractice lawsuit. Hospitals must adequately evaluate prospective employees. That includes evaluating their prior experience, certifications, and level of education. If a hospital hires an incompetent or underqualified staff member, ...
How to sue a dentist for medical malpractice?
To sue a dentist for medical malpractice, you must be able to prove that you suffered an injury as a result of a dentist’s provision of sub-standard care. To establish proof when suing a dentist, you will need to prove these four principles: Duty, Breach of Duty, Causation, and Damages.
Why do dentists sue?
Reasons to Sue a Dentist: 1 Anesthesia Complications 2 Failure to Diagnose Oral Diseases or Cancers 3 Injuries to Oral Nerves 4 Complications with Bridges and Crowns 5 Tooth Extraction Problems 6 Root Canal Injuries 7 Complications from Novocain 8 Infections 9 Wrongful Death
What is the second most common alleged negligence?
The second most common alleged negligence was due to endodontic procedures. Of the above negligence claims due to endodontic procedures, all of the defendants were general dentists. The complications included instruments left in canals, nerve and sinus perforations, air embolisms, and life-threatening infections, including four fatalities. Of the life-threatening infections, seven were due to brain abscesses, and one due to osteomyelitis. Of these eight infections, four were fatalities and four resulted in irreversible brain damage.
What is the most important defense in a dental malpractice case?
What To Know About Dental Negligence Lawsuits. One of the most important defenses in a dental malpractice case is proper documentation. The patient’s dental record must contain a clear chronology of events, future treatment plans, and all the important communication between the dentist and patient.
How many cases of failure to diagnose periodontal disease in a timely fashion?
There were 19 cases of failure to diagnose or treat periodontal disease in a timely fashion. All defendants were general dentists. In the majority of these cases, X-rays were not taken routinely, and periodontal probings were rarely or never recorded.
Is dental hygienist malpractice?
In fact, the treatment provided to you by a dental care professional has to be below the acceptable standard of care that you should expect from a dentist, dental hygienist, or any other dental health care provider and the treatment has to cause serious personal injuries to you; otherwise, it can’t be considered malpractice.
What is the most important defense in a dental malpractice case?
One of the most important defenses in a dental malpractice case is proper documentation. The patient's dental record must contain a clear chronology of events, future treatment plans, and all important communication between the dentist and patient. Comprehensive documentation also includes:
What are the most common dental malpractice cases?
Some of the more common scenarios of dental malpractice include: 1 improper extraction of teeth 2 failure to diagnose various conditions (e.g., TMJ, oral cancer) 3 failure to properly treat complications of care (e.g., infection) 4 failure to properly supervise or oversee actions of employees (e.g., hygienists) 5 wrongfully administered anesthesia 6 failure to refer to a specialist, and 7 lack of informed consent.
What is needed to make a successful case for dental malpractice?
In order to make a successful case for dental malpractice, an injured patient (and his or her attorney) will typically need to establish the following: the existence of a dentist-patient relationship. the appropriate medical standard of care under the circumstances.
How long does it take to file a lawsuit against a dentist?
The defendant dentist then has a certain amount of time to respond to the complaint (typically 20 to 30 days).
What is a clear dental record?
a clear record of the patient's history. a clear treatment plan (including documentation explaining the reason for any treatment for which the patient has been billed), and. notes written at or near the time of the patient's treatment. Keep in mind that many people will examine the dental record if there is a lawsuit.
What is the most common recurring theme in all of these forms of medical malpractice?
One of the most common recurring themes in all of these forms of medical malpractice is negligence . Negligence comes in many forms and in many different types of severity, and that level of severity will determine how much you can possibly win in compensation.
What is medical malpractice?
Medical Malpractice Cases Examples. If a doctor or nurse fails to provide proper medical care in the way a responsible medical professional would, it’s known as medical malpractice. There are a large variety of medical malpractice cases, based on the degree of negligence or recklessness, that a patient can claim in a lawsuit.
What is the definition of negligence in medical malpractice?
Negligence is defined as the failure to act with the same amount of care that a reasonable medical professional would have acted within the same situation. This has to be the direct reason for your injury for it to be a medical malpractice case.
Can a patient have a malpractice suit against a doctor?
Just because a patient suffers an injury while under the care and attention of a doctor, it does not automatically mean the individual has a medical malpractice suit against the healthcare professional. Before surgery, patients are given warnings of the risks involved in a procedure.
Is gross negligence a breach of duty?
In addition to simple negligence, there is also gross negligence. Gross negligence takes the idea of negligence a step further - the breach of duty was much worse in these cases, where the failure to provide reasonable care goes beyond medical standards and would have been obvious to anyone.