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Dental Malpractice Attorney

Going for a dental procedure can make many people feel anxious. Some people are right to be nervous. Dental malpractice can occur at any time and be caused by several different factors.

If a dentist conducts a procedure improperly or causes you harm while receiving dental care, you may have the basis for a dental malpractice claim. Even if you gave your informed consent for a procedure, mistakes and acts of negligence could still be grounds for a lawsuit.

It is challenging to gather records and testimony demonstrating malpractice on your own, and it can also be hard to present this evidence adequately in a courtroom setting. An experienced medical malpractice lawyer in Detroit, Michigan, is instrumental in winning your case and ensuring you receive the compensation you deserve.

What is Malpractice?

Malpractice is the act of causing harm to a patient by intentionally or unintentionally failing to follow best practices for patient care. This includes a wide range of actions, ranging from surgery errors to failure to diagnose. Although physicians are not expected to be perfect and all-knowing, they are generally expected to recall and act upon everything they learned in their training to adhere to an established standard of care.

Malpractice extends to dentists, oral surgeons, orthodontists, and dental assistants. As a general rule, if a negligent dental assistant commits malpractice due to the dentist’s failure to supervise them properly, the dentist may be held responsible.

Malpractice includes all dental work, from root canals and dental implants to orthodontics. Although dental patients can generally expect their dentists to be competent and professional, dental negligence can still occur at the hands of experienced dentists.

Proving Malpractice

To win compensation for dental or other healthcare malpractice, you must prove all four of the following facts:

  • The dentist or dental professional had a duty to you, the patient. This is typically easy to establish with appointment records.
  • The dentist breached that duty when attempting to provide you with dental care.
  • You, as the patient, experienced harm due to the failure of the dentist.
  • You incurred damages (economic or non-economic) as a result of this harm.

Proving the last three points requires a combination of medical records, photographs, follow-up visits with other doctors, and testimony from expert witnesses.

A top-rated medical malpractice lawyer in Michigan can help you obtain your dental records and find an expert to provide testimony about your dentist’s negligence. They can also help you file a civil suit for personal injury that arose from dental malpractice.

Wrongful Death Cases

In extreme cases, a patient can die from failure to diagnose or treat a dental infection or oral cancer. A patient can also die due to an allergic reaction if the dentist fails to discuss the patient’s allergies or ignores a note about allergies on his or her chart.

Patient death due to medical errors is surprisingly common, with some estimates showing hundreds of thousands of deaths per year. Suppose you have suffered the loss of a loved one due to a serious medical error. In that case, you may be entitled to significant compensation for burial costs, loss of companionship, lost wages, emotional pain, and suffering, and much more.

Steps in the Process

In Michigan, the statute of limitations for medical malpractice is just two years, except for children who experience malpractice before their 18th birthday. Michigan also has an exception known as the discovery rule, which allows patients to file a lawsuit within six months of discovering the malpractice, even if it has been longer than two years since the malpractice occurred.

Although you don’t need to win your case before the statute of limitations is up, you have to file it within that time frame. This requires extensive evidence and legal paperwork, which should be prepared by an experienced dental malpractice lawyer.

Many of these claims end up being settled out of court, and your personal injury attorney can still help you if this is the case for your dental malpractice suit. They will deal with any malpractice insurers and assist during the negotiation process with the insurance company to ensure you get the money you need and deserve after being the victim of dental malpractice.

Experienced Dental Medical Malpractice Attorneys

If you believe you or a loved one has suffered without compensation due to an act of dental malpractice, please contact Cochran, Kroll, and Associates, P.C., for a free consultation. We specialize in medical malpractice cases, making us a reliable and accurate legal advice source that can help you win your claim.

We are dedicated to serving victims, not insurance companies. We have nurse attorney Eileen Kroll on staff to help us understand the extent of your injuries and the seriousness of your malpractice claim.

Our law firm never charges a fee unless a recovery is made. Call us at 866-868-3779 right away so we can get started.

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