When you go to the dentist’s office, you expect all the things you need to get done accomplished safely. No one ever thinks medical malpractice can occur, but we are here to tell you it can. And, if you find yourself in a situation where it does, it’s important to know what to do and who to call.
If your dental professional acts irresponsibly and causes you harm, then you may have a medical malpractice case. If this unfortunate instance occurs, hiring a trusted dental medical malpractice lawyer in Kentucky will be in your best interest. For more information about cases like this and how we can assist you at McCoy & Hiestand, continue reading.
What Is Considered Dental Medical Malpractice?
When it comes to medical malpractice cases within the dental field, there are various ways in which injuries can occur. Some types of dental medical malpractice include:
- Treatment errors that you are not healthy enough to overcome
- Failure to use the proper techniques and not practicing with the proper standard of care
- Surgical mistakes
- Radiology mistakes
- Anesthesia errors
- Delay in an oral cancer diagnosis
Of course, there are countless more types of dental medical malpractice, but the ones we listed above are the most common. After medical malpractice errors occur, the injuries that you can sustain vary. Some injuries that usually constitute a medical malpractice case include:
- Facial nerve damage or severe nerve damage
- Loss of the wrong tooth
- Loss of any bone support
- Permanent damage to the jaw
- Septic infections that require long-term hospitalization
- Facial paralysis
Due to the complexity of dental medical malpractice cases; it’s incredibly helpful to seek the assistance of a skilled Kentucky personal injury attorney. And why should that skilled lawyer not be one from Chad and Sheila? At McCoy & Hiestand, we never back down from a fight and are always willing to do what it takes to bring you justice in dental malpractice cases.
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How We Will Make a Strong Dental Medical Malpractice Case
Like other medical malpractice cases, liability must be proven. Proving liability is crucial because it allows you to collect compensation for the losses you have endured. Generally, these are the elements of liability, and we will explain them more below.
- You must prove that you were owed a basic level of care when entering the dentist’s office.
- The dentist you were receiving treatment from made a mistake due to negligence that others in the same situation and profession would not make.
- This mistake caused by your dentist was solely responsible for any injuries that you sustained.
- Because of your injuries, and only because of them, you have endured losses.
However, not every mistake that dentists make is considered dental medical malpractice. Furthermore, sometimes, not every mistake a dentist makes is solely responsible for the damages you have sustained.
For example, if you go to your dentist’s office and get a tooth pulled, which results in some infection or temporary nerve damage, you will likely not be able to file a dental medical malpractice case. This is only because you cannot prove that what happened to you would have been avoided if your dentist had done their job correctly. Because ultimately, infections and nerve damage can occur regularly from pulled teeth.
Dental medical malpractice cases are very expensive to undergo, so you must ensure that your case is incredibly strong with the help of a dental medical malpractice lawyer in Kentucky. Generally, the rule of thumb is that if your treatment doesn’t cost more than $20,000 it’s not a case worth pursuing.
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The Damages You Can Collect from These Types of Cases
Dental medical malpractice cases allow you to collect various types of damages. Typically, you will collect two categories of damages: compensatory and general damages. Compensatory damages are all your losses that have a set monetary value. For instance, medical bills lost wages, and the cost of ongoing medical treatment will fall under this category.
General damages will include things that don’t have a monetary value. These can include things like pain and suffering, loss of enjoyment of life, or ongoing trauma. Additionally, another type of damage can be awarded in rare cases.
Punitive damages are damages that the courts pay the liable party to deter them from acting out of negligence in the future. If your injuries sustained were serious enough, then punitive damages will be awarded.
The Average Settlement Amount for Dental Malpractice Cases in Kentucky
As we have previously stated, medical malpractice cases are incredibly expensive. This is why it’s important to know the average settlement amount you could obtain before filing a medical malpractice case.
In general, the average settlement is around $65,000. However, the amount you receive will depend on the specifics of your case and how serious your injuries were. In some cases, your settlement amount can reach well into the millions.
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Speak With a Trusted Dental Medical Malpractice Lawyer in Kentucky Today!
If you live in Kentucky and have been affected by dental medical malpractice, then don’t keep waiting to file a claim. With the help of McCoy & Hiestand, we can begin your case as soon as possible and fight for what you deserve. Our experienced Kentucky dental medical malpractice attorneys know exactly how to go about cases like this.
Contact us today for a free case evaluation. We offer assistance regarding your dental medical malpractice and can answer any questions you may have. All in all, it’s never a bad choice to hire Chad and Sheila.
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