Dentist San Jose CA
Dental malpractice occurs when a dentist fails to provide a patient with up-to-standard care, resulting in physical injury or even death of the patient.
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Such lethal mistakes that are most often caused by a dentist’s negligence are rightfully, the subject of many lawsuits. The law terms negligence as the failure of a professional to perform a duty that he is required to perform in the course of his duties. Negligence also results when a dentist performs a duty without taking the necessary precautions required. The negligence should also have caused grievous harm to the patient. In other words, the damage caused to the patient should be directly related to the negligence occasioned by the dentist.
It is vital to analyze what gives rise to dental malpractice and would not be dismissed as frivolous in a court of law.
One common ground for dental malpractice is the occurrence of nerve injuries. These often lead to affecting a patient’s ability to taste as well as causing numbness in the tongue. Dental malpractice may occur as a result of complications caused by crowns and bridges that have been completed negligently. In some instances, the failure of a dentist to detect and diagnose oral cancer or other diseases such as periodontal disease is grounds for dental malpractice.
A dentist who may also be overzealous and carry out unnecessary extraction of teeth or even extract the wrong teeth is liable.
It is of utmost importance that a dentist takes into account the patient’s medical history before taking any action. The reason for this is that it is necessary for the dentist to be aware of any allergies the patient may have to medication early in advance.
In order to make it easier to claim compensation, the damage done must be quantifiable. Expensive corrective surgery, for example might have had to be done so as to reverse the damage done by the dentist. Another instance is the loss of significant earnings during the time that the harm caused had incapacitated the patient. A substantial amount of compensation is also likely to be given if the patient has become disfigured or has suffered a permanent loss of sensation. Alternatively, if a case goes to trial, the court may find the defendant dentist liable and order for any amount of compensation that it deems fit to be paid.
In most cases, this compensation will be paid by the dentist’s malpractice insurer.
It is also important that the patient institutes the suit within the time prescribed by the applicable law. The law governing this is known as the statute of limitations and states the maximum time one should wait before bringing a suit after the damage caused has occurred. If one intends to sue their dentist for dental malpractice then it is vital that they keep in mind the above points.
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