Dental Malpractice Lawyer Salt Lake

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Recover Your Damages With the Help of Our Dental Malpractice Lawyer in Salt Lake

Dental Malpractice Lawyer Salt Lake

Just as there are medical errors that result in medical malpractice, there are also dental errors that result in dental malpractice. But the needed elements to prove dental malpractice are just as stringent. In order for a malpractice attorney to prove dental malpractice, the victim must have received an unacceptable standard of care from their dental professional and the treatment must have resulted in injuries. Failure to meet these elements will result in the court dismissing the malpractice lawsuit.  

Dental malpractice is more common in Salt Lake than many people realize, and in some cases, the patient is best served by hiring a lawyer to recover their damages. When a dentist does not meet the recognized standards of care when treating a patient, and their actions cause harm as a result, it is considered dental malpractice. It is also considered dental malpractice if the dentist treats a patient in a negligent manner, in an incompetent manner, or with malice. If any of this behavior describes your dentist and you were harmed, as a result, contact Rasmussen & Miner. Our dental malpractice lawyer represents those who live in the Salt Lake area.

Common Examples of Dental Malpractice

While dental malpractice cases usually involve an injury to the victim’s mouth or jaw, it is critical to remember that oral health affects the body as a while. When a victim suffers an injury to the mouth because due to negligence on the part of the dentist or other dental professional, it can have a lasting effect on their overall health.

Dental malpractice can take many forms, as our medical malpractice lawyer in Salt Lake City UT knows all too well. Some of the most common examples of dental malpractice include:

  • The failure to diagnose a periodontal disease.
  • The failure to diagnose oral cancer.
  • The failure to properly examine a patient in order to diagnose any of various oral health conditions.
  • The failure to use dental instruments in the way they are intended.
  • The failure to properly administer anesthesia.
  • The failure to provide proper treatment.
  • The failure to avoid damage to the nerves in the tongue, face, jaw, or lips.
  • The failure to provide properly fitted bridges and crowns.
  • The failure to extract a tooth properly.
  • The failure to avoid undergoing unnecessary surgery on the patient.
  • The failure to ensure the patient does not develop an infection from dental work
  • Wrongful death

Dental Insurance Issues

Another issue that is common in dental malpractice cases is that the victim often does not have dental insurance that will cover the dental injuries they have suffered. According to national statistics, more than 65 million people under the age of 65 do not have dental insurance. This means that if a victim is injured in a dental malpractice situation, they often have no way to pay the medical bills for needed treatment.

Dental Malpractice Lawsuits

One of the most important pieces of evidence in a victim’s dental malpractice lawsuit is the proper documentation contained in their dental record. If there is information missing from the victim’s dental record, this could be very problematic for the dental professional(s) named in the malpractice lawsuit. The dental professional must have included the following:

  •       A copy of the written consent signed by the victim for any procedures that were done by all dental professional in the practice
  •       A concise copy of the victim’s dental history
  •       A concise copy of the victim’s treatment plan. This should also include documentation explaining why the treatment was needed.
  •       All notes that were written near or during the time of the victim’s treatment.

Proving Dental Malpractice

When someone in Salt Lake is harmed by their dentist due to malpractice, a lawyer from our firm who represents them can file an injury claim against the dentist. Should the dentist’s insurance carrier deny the claim or refuse to offer a fair settlement, our dental malpractice lawyer in Salt Lake will be prepared to take them to court. The criteria that must be met to prove dental malpractice are these:

  1.   The dentist had a duty to provide care that was at least equal to that which would have been provided by capable dentists under similar circumstances. Further, the dentist had this duty because you were their patient.
  2.   The dentist breached their duty to you because they treated you (or did not treat you) in a manner that was below accepted standards of dental care. Your dental malpractice lawyer in Salt Lake from our firm might call upon other dentists to testify as to the sub-par treatment provided to you by your dentist.
  3.   The dentist’s breach of their duty was directly related to the damages you suffered as a result. They must be measurable damages and detrimental in some manner to your physical and/or mental health.
  4.   The dentist’s actions caused you harm and the damages are a result of their negligent behavior. Your dental malpractice lawyer in Salt Lake will determine the value of each of your damages and demand compensation that reflects their value. Damages may also include future additional dental treatment in order to reverse the effects of your original dentist’s negligent treatment. The wages you cannot earn until you are able to work can also be included as damages, if applicable. In some cases, dental malpractice damages also include pain and suffering.

Call Our Office Today

IF you have suffered injuries and losses due to the negligence of a dental professional, you may be entitled to financial compensation for your losses. Contact a dental malpractice attorney from Rasmussen & Miner to find out what legal recourse you may have. Call our injury firm today to schedule a free case evaluation and find out how we can help.