Dental malpractice is when your dental provider fails to properly treat or diagnose a condition that affects the condition of your oral health. If the negligence on the part of your dentist causes injury or death, you may have a claim for dental malpractice. Dental malpractice can be the result of errors in surgical procedures, failure to timely diagnose a condition or disease, or generally failing to treat an oral condition or disease in the proper manner. There are many situations where injury to a dental patient can lead to a dental malpractice claim. The sad truth is that there are dental providers that may try to treat your dental condition with a procedure that is beyond your provider’s training or ability. In other words, your dentist gets in over his or her head. You need to know if your dentist has all the proper training, experience, and accreditation that was appropriate for your dental need and well-being. So, how can you protect yourself?Document Your Dental Treatment
Written documentation of what procedure was performed will aid you in your claim. Make sure you keep track of all your records and document your dates of service in addition to the services that were provided to you. The better the documentation, the more credibility your claim will have. Often, symptoms may not surface until months or years have passed since the work was done. In the case of a defective dental device, you may not have an actual claim until the device breaks or malfunctions.
If you see more than one dental provider, make sure you keep the records and document your pain and injuries. Events and important facts can blur over time, so it is always best to keep current records. Don’t be afraid to ask your dental provider for documentation and always keep a journal of your progress.Get Your Dental Records
Securing a copy of your complete dental record is essential to your case. Make certain you get a complete copy. Compare your records with previous copies and make sure the record has not been altered. Don’t disclose your potential malpractice claim. It is common to ask for a copy of your records to get a second opinion on your course of treatment. Speak with family members that recall the dental procedure in case you missed an important element due to sedation or pain.
Typical Texas dental malpractice claims arise when an inexperienced general dentist performs procedures that are usually done by a specialist. In Texas, a general dentist has a great degree of freedom and may try to perform complex, expensive procedures that are beyond the training your general dentist received.
If you believe you may have a Texas dental malpractice case, you need to sit down with an experienced dental malpractice attorney. When dealing with a dental malpractice case, the statute of limitations can come up quickly, so time is of the essence. Call us today and schedule an appointment with an attorney to properly evaluate your case.