Misdiagnosis or delayed diagnosis of a dental condition can lead to more serious oral health issues and more expensive and invasive treatments. In addition, many dental problems are signs of more severe medical ailments, including diabetes and cancer.
If you suffered harm due to misdiagnosis or delayed diagnosis, you may have a dental malpractice claim or lawsuit. This guide answers common medical malpractice questions from a Abogada de lesiones personales. Read on to learn more.
Harm Caused by Dental Misdiagnosis and Delayed Diagnosis
Dental malpractice misdiagnosis, delayed diagnosis, or incorrect diagnosis can occur when an oral health care provider fails to conduct a thorough examination or does not correctly identify the signs and symptoms of a dental or medical condition. Delayed diagnosis dental malpractice can also result from a failure to perform x-rays, labs, and testing or to communicate the results to patients.
Failure to properly diagnose can lead to worsening problems with your teeth and gums. It can also lead to delayed or misdiagnosis of a more severe underlying medical issue. According to Ohio State University, oral health problems, such as lesions, bacterial infections, and gum disease, can signify a more serious medical condition, including the following:
- Acid reflux
- Autoimmune diseases (including Crohn’s disease, lupus, and rheumatoid arthritis)
- Heart disease
- Adverse drug interactions
- Oral cancer
- Other cancers (including lung cancer, breast cancer, and prostate cancer)
Investigating and Proving Dental Malpractice
To win your dental medical malpractice case, you must show that a dental practitioner failed to treat you according to the dental profession’s recognized and accepted standard of care. You must also prove that their actions (or failure to act) caused your personal injury and financial losses.
Proving a dental negligence case requires conducting an investigation and collecting evidence to support your medical malpractice claim. Accomplishing this can seem daunting, especially if you do not have medical or legal experience and are also coping with an injury or illness.
A dental malpractice attorney with our law firm can do the work needed to gather and analyze the following:
- Dental and medical records
- Rayos X
- Lab test results
- Medical research
- Witness statements from your dentist’s patients and employees
- Testimony from expert witnesses
- Invoices, bills, receipts, and additional proof of your economic and non-economic damages
A dental malpractice lawyer can also help you manage case details, including preparing and filing paperwork, tracking deadlines, communicating with involved parties, and negotiating for the maximum compensation possible.
Liability for Incorrect Diagnosis of Dental Conditions
A medical malpractice attorney can help you establish liability for your misdiagnosed condition. Financial responsibility could rest with your dentist or the clinic they work for. In addition, one or more of the following medical professionals could also be at fault:
- A dental assistant
- A dental nurse
- A dental hygienist
- An oral surgeon
- An X-ray or lab technician
Dental Malpractice Compensation
Healthcare professionals owe their patients a duty of care, and you should not have to pay for negligent medical treatment or damages from a medical error. A dental malpractice lawyer with our firm can help you identify, calculate, and pursue full and fair compensation for the following:
- Dental bills. You can seek payment for services needed to repair your incorrectly diagnosed condition, including the cost of examinations, medications, and dental procedures. You can also pursue reimbursement for bills paid to your dental practitioner for negligent treatment.
- Gastos médicos. If dental misdiagnosis or delayed diagnosis leads to a more severe health problem, you can pursue the related medical costs. Medical damages may include hospitalizations, doctor’s fees, surgeries, prescription drugs, and ongoing treatments.
- Ingresos perdidos. You can recover wages, earnings, and benefits lost because of your injury, illness, and medical and dental appointments. If your condition results in an extended absence from work, you may qualify for compensation for future lost wages and your lost earning capacity.
- Pain and suffering. You can seek monetary awards for severe and chronic physical pain, mental anguish, emotional distress, loss of enjoyment, and reduced quality of life.
- Wrongful death. If your loved one suffered a fatal injury or illness due to dental malpractice, you can seek compensation for their wrongful death. Damages may include medical expenses, funeral and burial costs, lost income, and loss of the deceased’s consortium, companionship, services, and guidance.
California’s Medical Malpractice Statute of Limitations
Según el CCP § 340.5, you generally have three years to file a dental malpractice lawsuit in California. The clock starts when your injury occurred or was reasonably discovered. If you do not pursue your medical malpractice case before the statute of limitations expires, you cannot recover awards in civil court.
This deadline will also affect your insurance claim because you no longer have leverage over the insurance company if it passes. Therefore, getting started on your case as soon as possible is a good idea.
KJT Law Group Can Help With Your Dental Malpractice Case
For legal assistance with your dental malpractice claim, contacto KJT Grupo de Derecho en (818) 507-8525 for a free consultation. A medical malpractice lawyer with our firm can help you build a robust medical malpractice case and fight for the compensation you deserve. We work on contingency, so our services cost you nothing upfront or out of pocket.