Dental Malpractice and Serious Infection
By John Macfarlane on October 11, 2018
The legal field of medical malpractice is in place to protect patients from receiving substandard care or treatment. Essentially, all medical professionals are expected to uphold certain standards and provide care of a certain quality.
These standards extend across the board; if a patient goes to two different doctors who have the same level of training and experience, they should expect to receive the same quality of care. Medical malpractice can apply to all individuals working in the medical field, including dentists.
Dental malpractice can impact a patient’s oral health, as well as their overall physical health, especially when substandard dental care causes patients to develop a serious infection. Victims of dental malpractice involving a serious infection should consider working with the Salt Lake City, UT attorneys at Younker Hyde Macfarlane to ensure they receive the compensation they are due for all related damages.
When to File a Lawsuit
So, when is it appropriate to file a dental malpractice lawsuit? Although dentists must deliver a certain standard of care, they are human and can make mistakes. Unfortunately, dental errors occur.
If substandard dental care results in a dental problem, but it is not serious, it probably is not worth the patient’s time or money to pursue the situation legally. Any minor cosmetic flaws should be easily fixed without causing the patient significant pain or resulting in any serious financial losses.
When substandard dental care does cause a significant oral health problem, then it is wise for the patient to consider legal action. A serious dental infection is an example of a dental complication that can result in substantial losses for the patient.
Infections can be painful and spread to other tissues within the mouth. Dental infections can result in the need for invasive and costly restorative dentistry treatment.
When a dentist fails to take the precautions necessary to prevent or minimize the risk of an infection, he or she should be held accountable. A medical malpractice lawsuit is the best way for a patient to receive the compensation that is due for damages caused by substandard dental treatment.
Proving Fault in a Dental Malpractice Case
It is not always easy to prove fault or liability in a dental malpractice case, which is why it is important for victims to work with attorneys who are experienced in this field of law.
There are four basic factors that must be proven in a dental malpractice lawsuit:
- The dentist agreed to take on the patient and, therefore, had a duty to provide service.
- The dentist breached his or her duty by failing to provide the expected standard of care.
- The dentist’s failure to meet certain medical standards was directly responsible for causing the patient harm.
- The patient suffered physical, emotional, or financial losses.
Our attorneys will gather evidence, including expert testimony from other dental professionals, to prove dental malpractice so that our patients can be justly compensated for their losses.
If you believe that you have been a victim of dental malpractice, you may be due financial compensation for damages. Contact the experienced attorneys at Younker Hyde Macfarlane at your earliest convenience to learn more. Call (801) 335-7025 to set up a personal consultation. We look forward to hearing from you.
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They were extremely knowledgeable, extremely helpful experts. The team helped me with all aspects of my case, including medical and financial, and understood that it affected more than me but also my family.- Jill S.