Tips for Dealing with Dental Malpractice

Medical malpractice claims against dentists come in two different types: acts of omission and acts of commission. Acts of omission are deliberate instances of failing to act according to professional standards. For example, not diagnosing a patient’s disease or not administering the appropriate treatment for an ailment would be considered an act of omission. On the other hand, acts of commission are instances where the dentist did something they should not have done. For example, if your dentist accidentally damaged your gums during dental surgery or incorrectly fitted you for braces, they would be acting out of commission.

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Is it Possible to Sue a Dentist for Medical Malpractice?

When a patient receives treatment from a healthcare professional, they place their trust in the medical professional to provide proper care in a reasonable amount of time.

When healthcare professionals fail to provide a patient with the care they need or fail to follow a reasonable standard of maintenance, the patient may be able to sue the medical professional for damages.

Patients who believe that they have suffered injuries due to medical malpractice often assume that they must file a lawsuit within the statute of limitations. However, this is not always true.

While some states do set strict deadlines for medical malpractice lawsuits, most states do not. The statute of limitations does not limit the time in which a claim can be filed.

Instead, the statute of limitations defines a period during which legal action may not be taken. Once the statute of limitations has passed, a patient may not file a lawsuit for medical malpractice.

Patients, however, must file their lawsuits within a specified period. If a patient fails to file their lawsuit within that time, the case will be dismissed and will not recover compensation.

Some states have statutes of limitations that begin when the injury is discovered, while others start when the injury is discovered or should have been discovered with reasonable diligence.

While there is no precise deadline, in most states, the statute of limitations begins to run during the time in which the patient seeks medical care for the injury.

After the statute of limitations has expired, a patient will not be able to file a lawsuit for medical malpractice but may have a negligence claim.

Negligent actions by healthcare professionals that cause injuries or deaths can be the basis for a lawsuit.

For example, if a patient is injured because a healthcare professional fails to diagnose cancer, the patient may have a negligence claim.

If a doctor fails to treat a patient appropriately, that failure may cause the patient to suffer an injury. If the doctor’s treatment causes additional

Dental Malpractice can be a cause of different perspective

You’ve lost a tooth. You’re in agony. Your dentist says, “We’ll have to take it out surgically.” You refuse. Instead, you opt for a root canal.

Later, your tooth starts hurting again. You go back to the dentist. He confirms that the root canal was done correctly. But you still don’t feel any better.

You go home, still in pain. You call the dentist. He agrees that the root canal was done correctly. But he adds, “If you had accepted the surgery, it would have solved the problem. But you would have suffered a lot more pain.”

From your perspective, the root canal was the right thing to do. From the dentist’s perspective, the surgery would have solved the problem.

So how do you draw the line? How do you decide which outcome was better?


If you have any questions regarding whether or not your dentist committed malpractice, feel free to consult a lawyer. I recommend contacting LegalShield.

The dental malpractice claim process is highly complicated, and without an attorney, you will be left without the proper guidance.

LegalShield is a nationwide legal service, where you pay a small monthly fee to receive legal and financial services.

LegalShield attorneys are available 24 hours a day, 7 days a week, 365 days a year, and they offer legal consultation services over the phone.

Additionally, LegalShield attorneys will work with you on your dental malpractice case and answer all of your questions.

LegalShield has over 300,000 members nationwide and over 45 years of experience protecting Americans from unfair business practices.

With LegalShield, you get access to professional representation in all types of claims, including dental malpractice.

LegalShield is an excellent way to protect your family from all types of malpractice.

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