What You Need to Know About Dental Malpractice in Michigan
Legally Reviewed and Edited by: Terry Cochran
While you know seeing a dentist regularly is a good idea, you may be one of the millions who fear dentists and put off scheduling their appointments. Even if you schedule annual cleanings and stay on top of your dental health, issues can arise due to some form of negligence on the part of the dentist or dental team.
While dental professionals must legally provide you with a high standard of care, sometimes mistakes happen, and dental patients suffer unexpected health problems.
However, you have rights in this type of situation, including filing a dental malpractice claim. The experienced Michigan attorneys at Cochran, Kroll & Associates, P.C., understand the complications involved and can guide you through the process of seeking rightful compensation.
What Is Meant By Dental Malpractice?
Many people have heard of medical malpractice. Dental malpractice follows the same principle in that the dental team has an obligation to provide a high standard of care to all patients. When they fail to do so, malpractice can occur. This failure, or negligence, can be intentional or unintentional on the part of the dental professional.
If you suffer injuries due to negligence by dentists, oral surgeons, endodontists, orthodontists, periodontists, or other dental providers, you may have a dental malpractice claim. Injuries sustained in such cases range from a failure to diagnose a specific condition to causing injury during a particular procedure such as a root canal.
What Procedures Can Lead to a Dental Malpractice Case?
Dental malpractice can occur as a result of several actions on the part of the dental team. These can occur during any of these procedures:
- Teeth extractions, including wisdom teeth
- Root Canals
- Insertion of fillings, crowns, or bridges
- Dental implants
- Oral surgery, including administering of anesthesia
- Other cosmetic dentistry
- Diagnosis (or missed diagnosis) of tongue or oral cancer
- Post-surgical checkups for problems, including infections
- Medication prescriptions
What Types of Injuries Can Be a Result of Dental Malpractice?
Although every case is unique, types of injuries commonly found in dental malpractice claims include:
- Severe discomfort and pain
- Nerve damage injuries
- Facial tingling, numbness, or loss of sensation
- TMJ (temporal mandibular joint syndrome)
- Teeth loss
- Fractures in the jaw
- Wrongful death
Several actions or inactions can lead to these dental injuries. For example, your dental team may remove the wrong tooth by mistake, incorrectly position dental implants, nick a nerve during oral surgery, fail to diagnose and treat an infection, prescribe incorrect medications, or improperly administer anesthesia.
If you are unsure whether your injury resulted from a dental procedure, talk with an attorney experienced in medical malpractice cases. Eileen Kroll, an attorney and former RN, understands medical terminology, injury types, and symptoms. She and her legal team can help you determine how your injury occurred and what steps are necessary to get the compensation you need.
Why Work With a Michigan Dental Malpractice Attorney?
Michigan law requires dental professionals to be licensed to practice within the state, making them subject to civil action cases of malpractice. Filing a dental malpractice claim is your right if you’ve been injured as a result of intentional or unintentional negligence.
In Michigan, to prove negligence requires the following:
- The dental professional had a specific duty to a patient
- That specific duty was breached either by an action or inaction of that dental professional
- An injury to the patient occurred
- Patient injury is a result of the dental professional’s breach of duty
Working with an experienced medical malpractice attorney in Michigan, like those with Cochran, Kroll & Associates, P.C., you can seek compensation for medical bills, pain and suffering, disfigurement, lost wages, and other damages as determined for your particular injury.
Your Michigan attorney will start by thoroughly reviewing your case, compiling documentation, and may consult with an expert witness to provide additional medical expertise as required. You can also expect your attorney to work with insurance companies to ensure any settlements are just and fair to you.
In Michigan, the statute of limitations allows you up to two years from the date of the dental negligence to file your case. While there are a few exceptions to this deadline, seeking the advice of dental malpractice lawyers as soon as possible is most beneficial to you and your family.
Contact Cochran, Kroll & Associates, P.C. for Your Dental Malpractice Claim
Whether it is you or a cherished family member who experiences injury due to the negligence of a dentist or dental professional, it is time to reach out to the experienced personal injury lawyers at Cochran, Kroll & Associates, P.C. We have offices throughout Michigan and can provide the confident and skilled representation you need. Call 866-MICH-LAW today to schedule a free consultation.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.