What are the Best Tips for Making Dental Negligence Claims?

Nicole Madison
Nicole Madison
Nicole Madison
Nicole Madison
It is important to keep detailed records of a dental visit when filing a dental negligence claim.
It is important to keep detailed records of a dental visit when filing a dental negligence claim.

Some of the best tips for filing dental negligence claims are those that involve keeping detailed records of the event for which a person believes his dentist is negligent. A person may also benefit from tips that offer advice for determining whether the dentist's actions or lack of action truly constitute negligence. Likewise, tips that recommend assessing the harm a patient suffered may help as well. Additionally, a person who believes he has been a victim of dental negligence may benefit from tips for securing legal assistance.

An incorrect dental diagnosis may be cause for a dental negligence claim.
An incorrect dental diagnosis may be cause for a dental negligence claim.

One of the best tips for filing a dental negligence claim is to keep detailed records of the experience. For example, a person may record the reasons he visited the dentist, his state of health at the time, and the names of the dentist and supporting staff who treated him. He may then record the details of the event in which he feels the dentist performed negligently.

Dentists are typically required to carry malpractice insurance.
Dentists are typically required to carry malpractice insurance.

Another tip for filing dental negligence claims involves focusing on the right things. In order for a dentist to be found negligent, a person has to show that the dentist made a mistake or failed to act because of negligence. For example, if the standard level of care in a person's area dictates that dentists provide careful and thorough treatment, a patient may have a case for proving dental negligence if his dentist failed to meet these standards. Likewise, in most places, a person has the right to expect that a dentist will diagnose him correctly. If a dentist delivers an incorrect diagnosis, treats a patient based on an incorrect diagnosis, and causes injury or harm because of the misdiagnosis, this may warrant a dental negligence claim.

Injury or harm due to a misdiagnosis may warrant a dental negligence claim.
Injury or harm due to a misdiagnosis may warrant a dental negligence claim.

Dental negligence claim tips that involve evaluating the harm a person suffered at the hands of his dentist may be beneficial as well. This is important because a patient may only win a lawsuit for dental negligence if he can prove he suffered harm. If a dentist behaves negligently and a patient is inconvenienced but not injured, it is unlikely that he will win a lawsuit against the dentist. If, on the other hand, a patient loses teeth or suffers nerve damage because of a dentist’s negligence, it is more likely that he will win his dental negligence claims case.

Tips that advise a person to seek legal assistance are also among the best for filing dental negligence claims. A person can file a claim pro se, which means he will represent himself, but he may have a diminished chance of winning a case on his own. A lawyer, however, may help a patient not only understand the law as it pertains to dental negligence, but also win his case. A lawyer may also prove helpful in the event that an individual wants to settle out of court.

Nicole Madison
Nicole Madison

Nicole’s thirst for knowledge inspired her to become a MyLawQuestions writer, and she focuses primarily on topics such as homeschooling, parenting, health, science, and business. When not writing or spending time with her four children, Nicole enjoys reading, camping, and going to the beach.

Nicole Madison
Nicole Madison

Nicole’s thirst for knowledge inspired her to become a MyLawQuestions writer, and she focuses primarily on topics such as homeschooling, parenting, health, science, and business. When not writing or spending time with her four children, Nicole enjoys reading, camping, and going to the beach.

Discussion Comments

Ocelot60

If you make a dental negligence claim and don't hear back for a while, don't give up. Sometimes it takes a while to get these issues resolved. However, your efforts won't only help you but will also help to keep other patients safe.

Talentryto

You don't have to pay a lawyer to file a dental claim. Give your state's board of dentistry a call. You can file a claim of negligence with that office and they will investigate your complaint.

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    • It is important to keep detailed records of a dental visit when filing a dental negligence claim.
      By: Pavel Losevsky
      It is important to keep detailed records of a dental visit when filing a dental negligence claim.
    • An incorrect dental diagnosis may be cause for a dental negligence claim.
      By: patrisyu
      An incorrect dental diagnosis may be cause for a dental negligence claim.
    • Dentists are typically required to carry malpractice insurance.
      By: Minerva Studio
      Dentists are typically required to carry malpractice insurance.
    • Injury or harm due to a misdiagnosis may warrant a dental negligence claim.
      By: chalabala
      Injury or harm due to a misdiagnosis may warrant a dental negligence claim.