Dental malpractice occurs when a patient is harmed by a dental professional who fails to competently perform their medical duties. Like all medical professionals, dentists are required to uphold a high standard of care and treat their patients with compassion and care.
However, mistakes do occur, and in some instances, these mistakes can lead to permanently life-changing injuries or illnesses and pave the way for a personal injury attorney to file a dental malpractice lawsuit. Since dental malpractice is considered a form of negligence, dentists and their staff must work diligently to secure the safety and well-being of their patient or be liable to legal repercussions for their actions.
Professionals in any medical field should be held accountable for any injuries sustained during a procedure or treatment due to preventable mistakes, and dentists are no exception. Consult with a Wheaton dental malpractice lawyer to see what options may be available to you. Call a seasoned attorney today to set up a consultation.
Basic Requirements for a Dental Malpractice Claim
Proving liability is the primary element of any medical claim. The plaintiff must be able to show that their dentist was negligent, their injury was caused by said negligence, and specific damages occurred.
According to the Illinois Dental Practice Act, in order to enhance the safety and welfare of dental patients, supervising dentists can ultimately be held responsible for the care of their patients as well as for failing to prevent those who are not qualified to practice dentistry from treating one of their patients. However, just because a patient is unhappy with the services rendered by the dentist does not mean the dentist is liable for medical malpractice.
Instead, the dentist must have been negligent in connection with the diagnosis or treatment. As such, filing for malpractice involves proving that the dentist caused harm in a way that a competent dentist, under the same circumstances, would not have. A Wheaton dental malpractice lawyer could inform an individual on if their complaint qualifies as malpractice.
Role of Informed Consent
Many dental procedures involve some degree of risk. Under Illinois state law, dentists are responsible for providing patients with information about a procedure or treatment, so each patient can knowingly choose whether to proceed or not. The process of providing this information to the patient and receiving written consent to a certain medical procedure is known as informed consent.
Dentists may require patients to sign a consent form that details all the risks involved with a given procedure or treatment. However, simply signing a form does not necessarily prove that consent was given. The dental professional must have discussed the risks and procedure with the patient beforehand, and the patient must fully be aware of the risks involved.
Informed consent can play a crucial role in a dental malpractice lawsuit. If a dentist does not obtain informed consent from the patient, and the patient would not have opted to pursue the procedure knowing the risks involved, the patient may be eligible to sue for compensation with the help of a skilled lawyer.
Work with a Wheaton Dental Malpractice Attorney
Medical malpractice cases in Illinois are highly regulated by a set of complex rules. Handling a claim alone may prove to be too much for someone who has suffered a traumatic injury.
By consulting with a knowledgeable Wheaton dental malpractice lawyer, you could have the various processes and procedures involved in your case handled by a professional who could fight aggressively to pursue justice and fair compensation for damages. Call today to schedule a consultation.
