If the case does not settle out of court (the majority of cases do end up settling), and is not dismissed by the court, then it will proceed to trial. This will help promote the conflict resolution process. The attorney listings on this site are paid attorney advertising. Can't find your category? If you wish to file a complaint, please review How to Choose the Right Physician - How to Tell Us if You Don't before printing and filling out a complaint form. Dentists can be sued for a variety of incidents so long as those incidents result in injury from the dental work. Law, Immigration the following elements in order to be successful in a lawsuit against the dentist (known as the defendant): : The dentist must owe a duty to you. An example of this would be how an Illinois woman sued her dentist for a botched root canal, and alleged that the dentist left some of the root in. If ISDS decides that your complaint is appropriate for the process, it will be sent to a local dentist who will attempt to mediate your dispute. This is because the injury can usually be easily corrected. What this means is that, generally speaking, dental injuries are not considered substantial enough to constitute filing a lawsuit. Do Not Sell My Personal Information, affidavit from a health care practitioner. However, most injuries resulting from. You can complain in writing, by email or by speaking to someone. The parties then exchange discovery, which includes documentation such as the patient’s dental records, records of any subsequent treatment, and evidence of the treatment costs incurred by the plaintiff and/or his or her dental insurer. This expert is usually a health care professional who has experience with the kind of procedure that is the subject of the lawsuit. Estate If you wish to file a complaint, please review How to Choose the Right Physician - How to Tell Us if You Don't before printing and filling out a complaint form.. Finally, an attorney will represent you in court and work to get you an appropriate damages award. In some states, it may be necessary to obtain an affidavit from a health care practitioner saying that the lawsuit has merit before the lawsuit can be filed. Travis has written about numerous legal topics ranging from articles tracking every Supreme Court decision in Texas to the law of virtual reality. An attorney can also help you gather evidence and expert testimony. In some states, the information on this website may be considered a lawyer referral service. 1. . The Dental Complaints Service (DCS) are a team of trained advisors who aim to help private dental patients and professionals settle complaints about private dental care fairly and efficiently. If the dentist actually believed that they pulled out a tooth that was causing your pain, and then later determined that the tooth was not the cause of the pain, a patient may only sue if the dentist should have known it was the wrong tooth. Do not send us any original documents. Dental malpractice claims must be brought to the court within a certain period of time. Your complaint must be made within 12 months of receiving treatment. Illinois Department of Financial & Professional Regulation Dental Page, Request for Review of Dental Services document. The "breach" and "causation" elements are critical. If the dentist actually believed that they pulled out a tooth that was causing your pain, and then later determined that the tooth was not the cause of the pain, a patient may only sue if the dentist, As previously mentioned, you should consult with a skilled and knowledgeable. However, occasionally a problem develops in the dentist/patient relationship. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The injured party (known as the plaintiff) must. It may be difficult to win a lawsuit for pulling the wrong tooth. If mediation is unsuccessful, a clinical peer review hearing will be scheduled. They could also argue that even if they did cause the harm, they did not make it any worse than it would have been under ordinary circumstances. Be open to suggested alternatives from your dentist. Although pain is experienced, it is usually not considered to be enough of an injury to sue for. This is almost always established by a qualified expert medical witness who has been retained by the plaintiff's attorney. Contact the dental surgery's practice manager with details of your complaint. Three dentists (not including the Mediator) will meet with both parties and review the case documentation and if needed, perform a limited clinical exam. The defendant dentist then has a certain amount of time to respond to the complaint (typically 20 to 30 days). Leaving the root in led to infection, which forced the patient to get a dental implant to replace the tooth. If the injury is minor (such as temporary pain and discomfort), then, even if it was caused by malpractice, it may not be worth the time and expense of a lawsuit. The dentist could provide the patient with two implants free of charge. It may be able to investigate your concerns. Failure to do so could lead to an instance of dental malpractice. If the defendant can prove that the plaintiff contributed to their own injuries in some way, the jury will likely assign each party a percentage of fault. The state dental board also accepts complaints against licensed and unlicensed individuals, investigates allegations, and takes disciplinary actions for violations of law.