Dental Malpractice Lawyer in Houston
Negligence and misconduct on part of a dentist can result in a patient suffering serious injuries and emotional turmoil that may last a lifetime. Dentists provide several catalogued and classified services such as attending, diagnosing, referring, treating and instructing the patient. If a dentist breaches the duty of care resulting in the patient suffering injuries, the dentist can be held liable for dental malpractice.
Medical Malpractice is defined as any act, or omission, by a physician/dentist, during the treatment and care of a patient that deviates from accepted norms of practice in the medical community, and causes injury to the patient.
CAN I SUE MY DENTIST?
In a Dental Malpractice Claim, the injured patient must prove that a dentist acted negligently in rendering reasonable care, and that such negligence resulted in a new injury. Medical malpractice laws in Texas are highly regulated by a set of complex laws, and are not “normal negligence” lawsuits.
By enlisting the services of a Houston Dental Malpractice Lawyer, you have various processes and procedures involved in your case handled by a team professionals. The following four elements need to be proven in a dental malpractice claim:
DUTY OF REASONABLE CARE WAS OWED BY THE DENTIST.
In a dental malpractice claim, the first element which a patient must prove Is that the dentist owed him or her a duty of care. This duty arises from a dentist-patient relationship, in which the dentist assumes the obligations associated with caring for the patient.
VIOLATION OF THE STANDARD OF CARE.
The patient must prove that the care rendered by the dentist was substandard and unreasonable. It can also mean that, though the act was appropriate, it was performed in a negligent manner.
INJURY TO THE PATIENT.
The patient must have suffered some injury in order to give rise to a claim for damages.
LINK BETWEEN THE NEGLIGENCE AND THE INJURY.
A negligent act that does not result in an injury is not sufficient to constitute a legal claim. The defendant’s negligence must have caused or contributed to the patient’s injuries.
COMMON TYPES OF DENTAL MALPRACTICE.
Some leading types of dental malpractice are listed below:
Misdiagnosis counts as a malpractice because it prevents a patient from receiving necessary treatment. A dentist examines the patient but fails to diagnose the correct problem. The patient may be diagnosed with a condition that he or she may not have.
FAILURE TO DIAGNOSE.
During a check-up, if your dentist overlooks a problem, he or she has failed to diagnose a condition that needs treatment.
For a case to qualify as a delayed diagnosis, a dentist must have assessed the patient less competently than other dentists would have.
Initially the dentist makes an incorrect diagnosis, but ultimately patient does receive correct and accurate diagnosis. This delay results in deterioration in the patient’s condition due to not receiving timely treatment.
FAILING TO OBTAIN A COMPLETE MEDICAL HISTORY.
Dentists should obtain and study a patient’s complete medical history before performing any procedure because failing to do so can cause deterioration in the health of the patient.
FAILURE TO TREAT
On many occasions, a dentist arrives at the right diagnosis but fails to prescribe the adequate treatment. This failure constitutes a malpractice. Dentists fail to treat a patient diligently and fail to inform the patient of a problem, omit to offer proper follow-up care or neglect to refer patient to a specialist.
Examples of surgical errors that may constitute a dental malpractice include:-
- Performing incorrect dental procedure.
- Performing unnecessary surgery.
- Causing preventable damage and injury to a patients’ teeth, nerves, or jaw-bone during treatment or surgery.
- Administering incorrect amount of anesthesia.
- Using non-sterile surgical instruments.
MEDICAL PRODUCT LIABILITY.
Dentists are not always at fault. In some instances, patients suffer because a medical device used in their treatment was faulty or of substandard quality.
This faulty devices or equipment cause damage before their defects are discovered. The oral health of patients worsens because these devices fail to provide the desired benefits.
Every medical record must be handled as if it could be summoned to a Court room and scrutinized by an defense attorney, Judge, or Jury. Dental records are considered legal documents which can protect the interests of the patients by establishing details of the defective services rendered by their dentist.
A dentist can be held liable for breach of standard of care if he of she does not maintain diligent and complete documentation of dental records of patients.
Missing pages, inconsistencies, or unclear documentation can weaken a patient’s dental malpractice claim. Patients’ dental records must contain a clear chronology of events, future treatment plans, and all important communication between the patient and his or her dentist.
HOW MUCH TIME DO I HAVE TO FILE AN DENTAL MALPRACTICE LAWSUIT IN TEXAS.
Statutes of Limitations set the time period within which a victim of a dental malpractice must file a lawsuit. Statute of limitations for a dental malpractice lawsuit is two years in the State of Texas. Statute of limitations grants an injured person sufficient time to investigate the source and the nature of an injury, consult with and retain an attorney and also file a complaint with the party responsible for the injury and attempt to settle the matter before resorting to trial.
The strict procedural requirements in medical malpractice laws in Texas reflect a legislative determination to curtail frivolous claims, promote settlements and reduce high costs of medical malpractice Insurance.
COMPENSATION FOR A VICTIM OF DENTAL MALPRACTICE.
Our team of Houston dental malpractice lawyers strive to get maximum compensation for a victim of dental malpractice and help him or her explore other options and alternative ways to seek additional compensation for injuries sustained.
Our attorneys help victims recover compensatory damages mentioned below:-
- Medical bills.
- Lost wages.
- Lost earning capacity.
- Estimated future medical expenses.
- Out of pocket expenditure.
- Pain and suffering.
- Mental anguish.
- Physical Impairment.
- Emotional distress.
- Loss of enjoyment of life.
Our Houston dental malpractice attorneys are relentless in their pursuit of securing maximum compensation through verdicts and settlements for victims of dental malpractices in Houston and all across Texas.
WHY YOU SHOULD HIRE THE LAW OFFICE OF SHANE R. KADLEC TO REPRESENT YOU IN AN DENTAL MALPRACTICE LAWSUIT?
The Law Office of Shane R. Kadlec has been providing accurate, ethical and cost-effective legal services to residents of Houston for 25 years. The firm’s extensive experience and knowledge has been instrumental in achieving unparalleled success by winning claims worth millions of dollars in Houston and all across Texas.
Board-Certified, Personal Injury Trial Lawyer Shane R. Kadlec offers knowledgeable guidance, customized legal services and detailed representation for clients in Houston. He is known to build a personalized case strategy that reflects a client’s legal objectives. Dental malpractice cases require much legal skill and preparation. Most attorneys do not accept these cases.
Our team of dental malpractice lawyers carry out the following duties for our clients:-
- Conduct a thorough investigation of the dental malpractice case.
- Consult medical and legal experts.
- Construct a clear record of the patient’s medical history.
- Identify liable parties.
- Determine the value of the claim.
- Coordinate and communicate with legal representatives of the defendant/s.
- Strive for a fair settlement on victim’s behalf.
- Take the case to trial if required.
IMPORTANCE OF BOARD-CERTIFICATION FOR AN ATTORNEY.
In the legal fraternity, a Board-Certified Personal Injury Trial Lawyer is considered an All-Star. Clients can be hesitant to trust lawyers with their cases. A Board Certification indicates that an attorney is highly regarded and proficient in his or her work, based on past, proven case results, and endorsement by Judges and other lawyers in the legal community. It gives potential clients additional confidence and insight while selecting the best attorney for their representation.
Houston Dental Malpractice Lawyer Shane R. Kadlec earned his certification in personal injury trial law from Texas Board for Legal Specialization in 2003 and his re-certifications in 2008, 2013, and 2018 respectively.
CONTACT AN DENTAL MALPRACTICE LAWYER AT THE LAW OFFICE OF SHANE R. KADLEC.
All dental malpractice cases handled by the Law Office of Shane R. Kadlec are taken up on a contingency basis, which means our clients pay nothing unless we win their case or settle it.
If you didn’t receive the medical treatment you needed, get the legal help you deserve. Talk to an experienced Houston Dental Malpractice Attorney at our office if you have suffered injuries and damages due to the negligence and carelessness of a dentist. We have decades of experience and understanding of malpractice laws to put behind your case.