Proving a fault—or liability—in a dental malpractice case can sometimes be an uphill battle. However, there are some exceptions where the victim may experience the symptoms or complications of the dental negligence months or years later. Before a lawsuit for dental malpractice can be brought in some states, an affidavit from a health care practitioner stating that the case has merit may be required. Expert: Orthopedic Surgeon. That your injury was caused by the dentist's negligence or incompetence. The defendant never obtained an independent medical examination which he was entitled to request. The case was settled after the jury had indicated that they had come to a decision on liability but needed more time to deliberate on damages. Mr. Fleming successfully represented a commissioned salesperson who sued his former employer to recover commissions owed to him. Permanent nerve damage and injuries to lingual nerve or inferior alveolar nerve. If you or a family member has been seriously injured or killed by the carelessness of another person or company, call (404) 525-5150 or contact us online today for a free, no obligation consultation. How to Sue a Dentist for Malpractice. 510, 000 Settlement for Premises Liability Injury.
146, 500 Dental Implant Malpractice Settlement. As an alternative to mediation, the parties might elect to take the dental malpractice case to binding arbitration. In Florida, the statute of limitations for medical malpractice cases is two years. He has difficulty controlling his food while he chews. The pain, numbness, tingling, loss of sensation and drooling that she suffers are permanent, she said. We realized that he had a meritorious lawsuit against the hospital and doctor for failing to diagnose that, due to the fall, he had sustained a herniated disc in his neck. The only exception is if you can prove the healthcare provider engaged in fraud, concealment or misrepresentation in relation to the matter. Only when dentists fail to meet an acceptable level of care or perform treatment with a lack of standard care you can file a dental malpractice case against them. We were able to locate an expert who opined that although an injury to the nerve could be an unavoidable occurrence during the surgery, the total severing of the nerve was unacceptable. At the deposition that our office took of the emergency room physician, he in essence confirmed that had he correctly realized that our client had been experiencing her severe symptoms for 20 rather than for 4 hours, he would not have discharged her without giving her much stronger discharge instructions than he gave her to return to the hospital if her symptoms persisted. In most cases, dental malpractice victims can sue their dentist for nerve damages and recover a dental nerve damage settlement in Missouri or Illinois.
However, some are more likely to result in nerve damage. The subsequent treater's records which did not intimate an immediate concern, but rather advised the plaintiff to continue her medications and sensations should return. If there's a malpractice lawsuit, your lawyer's experts will examine the chart to look for inconsistencies, lack of clarity, missing information, or other issues. Find a dental malpractice lawyer near you. The purpose of depositions is to find out what the other party recalls factually and to get an idea of how the witness will testify if the matter were to go to trial. Following endodontic procedures, patients may develop complications such as infections, nerve or sinus perforations, or air embolism. Usually, it's the trigeminal nerve that's affected. In such a case, you would have seven years rather than four to file your lawsuit.
The implants were approximately 2 mm too long for the thickness of bone available for safe placement of the implants, and resulted in impingement of the nerve. As a result of the dentist's negligence, the claimant sustained a nerve injury that keeps an area of her mouth and chin numb. Effectively, you need to prove the following: - Establish that there was a dentist-patient relationship. They are ready to involve in sizable actions to obtain it. "It's like when you go to the dentist and you get an injection and your tongue feels numb for a while. It is important to remember that the provider will generally be held to the standard of a specialist if there is a specialist for that procedure.
Botched extractions. Within days, she was rushed to the hospital: her blood pressure had begun fluctuating, taking sharp declines; her throat had begun to tighten; and she had begun experiencing severe pain in her chest, as well as radiating pain throughout her left arm. Failure to diagnose conditions like TMJ or oral cancer. Each year, dental anxiety causes up to 20% of Americans to avoid dental visits altogether. Practically any kind of dental procedure can result in dental malpractice.
Wrongful anesthesia administration. Here are 10 examples of dental injuries that commonly result in malpractice lawsuits: - Extractions. In this case, our client went to an emergency room of a hospital complaining of severe abdominal pain and vomiting. Due to terms of the settlement agreement, other facts related to the case are confidential. The case settled after filing of the lawsuit and prior to trial. As an alternative to taking a dental malpractice case to a civil jury trial, the parties might elect to pursue one or more types of alternative dispute resolution. Robert J. Fleming represented a 50 year-old woman who had taken blood pressure medication for approximately 30 years.
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