Dental Malpractice
At Carroll, Kelly, Trotter & Franzen, we provide the highest quality counsel and advocacy when a malpractice suit is brought to a dentist or dentistry.
MANY PATIENTS FILE DENTAL MALPRACTICE SUITS WITHOUT FULLY UNDERSTANDING THE LAW.
Dental malpractice occurs when a dentist fails to properly treat or diagnose an oral health condition, and the patient suffers from a serious, lasting injury or death.
TO PROVE MALPRACTICE, THE FOLLOWING PILLARS MUST OCCUR:
- A relationship between the dental professional and patient existed
- The professional was negligent in his/her duties and administered care that a competent dental professional would not have
- The negligent actions caused an injury
- The injury led to damages
Oftentimes patients misinterpret malpractice law because they do not have a clear understanding of the four pillars that must occur to prove malpractice. Due to misinterpretation of the law, the damages requirement is often embellished to include short-term pain or injuries that were unrelated to the dental procedure that occurred. Thus, it is imperative that dental providers analyze and clearly communicate the fact patterns to substantiate a strong defense.
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