Dental Malpractice: Will a Personal Injury Lawyer Take My Case If My Dentist Has No Insurance?
Provided by HG.org
Dental malpractice claims arise when the dentist or his or her staff cause an injury to a customer that needs dental work completed. While the claims may require evidence and proof for a possible success, the claims may lack the necessary strength if the dentist or others have little income to supply the claim with compensation.
Compensation claims run through income or assets that a person or company has in possession. If there is no other intermediary such as an insurance carrier for a person or business, the claim may fail either in payments or through a lawyer.
The legal representative that attaches to these cases may require proof that he or she will receive payment after the claim is successful. However, many professionals earn enough income for this issue to become moot. Valid claims with evidence and strength progress through the inspection of a lawyer and conclude with deliberation through a judge or jury panel.
There are four necessary factors needed that may lead to success in a medical malpractice claim. These are a duty owed to the victim, a breach of this duty, injury through the breach and the reason the injury occurred. A usual standard of care provides patients with the first aspect, but many wounds sustained are not due to a breach of this duty. If no injury occurred, then the case may fail before passing examination with a lawyer. Then, a connection must exist between the injury and the breach. This reason is often negligence. Sometimes, judgement and actions taken in certain situations determine a breach of duty.
Injury in the Dentistís Office
When a patient visits a dentistís office, he or she has placed her physical care into the professionalís hands. This could lead to a perfectly normal situation where the teeth checked incur not injury. However, some dentists may not understand that their actions could permanently affect the patient. When the person that sits in the chair is unable to open his or her mouth after drug administration, this could cause future damage. Some individuals have adverse drug reactions or interactions based on current medications. It is up to the dentist to know what to avoid and the signs that may start a reaction or allergic response.
Future Injury Leading to Claims
Dentist actions that cause injury may incur future damage. Some individuals that suffer adverse reactions are unable to return to previous conditions. If the drug administered causes the patientís mouth to remain closed, additional drugs such as Novocain may permanently alter the use of the jaw. Then, the patient is unable to keep his or her jaw open or reopen the mouth as he or she was able to prior to the appointment. If the dentist becomes aware of this issue, he or she may need to use another drug or request information from a medical doctor to reverse the effects.
Claims arise when injury occurs during a routine dentist appointment. The dental professional should understand when certain procedures cause harm. If he or she does not repair the damage, he or she may face negligence claims. For repeat incidents with the same patient, he or she may breach the duty of care owed to the individual. Any future injuries or damage sustained may require compensation for recovery. This leads to litigation against the dentist. It is important that the victim contact legal support to determine if negligence or a breach of duty caused the injury. Enough evidence is necessary to proceed forward.
Contacting the Lawyer in Dental Incidents
Before a lawyer will take a case, he or she will consult with the victim. The details and injuries are part of the first steps in observing and examining the claim. Through full knowledge of these matters, the legal representative will determine if the case is strong enough to proceed to court or to attempt a settlement with the opposing partyís lawyer. Even if the dentist has no insurance company or policy to assist in providing compensation, the lawyer may proceed anyway. This is an assessment based on the income of the defendant.
Legal claims processed for injuries through dentistry may go to court. If the dentist understands that the plaintiffís case is strong enough to win in court, he or she may seek to settle out of the courtroom. The lawyer is necessary to negotiate the best possible compensation for the incident for a full recovery.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.