Doctors and Physicians undergo extensive training in the medical field. With this training comes responsibility and ethics. Each and ever licensed Doctor has a duty when practicing medicine to perform medical services with the highest form of care and ethics. It is this Standard of Care in which each doctor must practice, and must not deviate from this Standard of Care. If a doctor does work outisde of the standard of care in which doctors common within that community practice, it is possible that the Doctor has committed Medical Malpractice. However, just because a Doctor deviated from the Standard of Care does not mean you instantly have a case for Medical Malpractice. If there are no damages, then it will be very difficult to pursue your case to victory for an amount of compensation satisfactory to you. In the law, there are multiple elements required to be satisfied in order to win a case. Every case has its particular idiosyncrasies with its specific legal ramifications, twists, and turns.
Dentists, more specifically, come in different forms and practice different areas of expertise. Dentists also undergo rigorous training in order to become a dentist. In addition, some or many decide to delve further into a deeper area of dental medicine by studying and training to become a periodontist. Generally, this requires post-graduate training of approximately three (3) years in a program of periodontology. This type of training is notable, respectable, and worthy of high esteem. As a result, this specialized area of medicine should not be taken lightly. Dentists are doctors, and we all want them to practice good medicine on us. However, sometimes, things go wrong. That is, even a highly experienced dentist can make a mistake and cause a bad result. A bad medical result does not necessarily mean that Dental Malpractice has occurred. In fact, even bad or horrible bedside manners does not mean that the dentist has committed Dental Malpractice. What makes Dental Malpractice a malpractice action is whether or not the dentist or periodontist or other medical health care provider deviated from the common medical/dental standards of care. In other words, “Did the dentist’s action sufficiently amount to an actual breach in the standard of care?” This is the question. If so, then it is possible that the dentist may have committed Dental Malpractice. Sometimes, however, not only is the actual medical procedure at issue, but also whether the patient consented to the procedure/surgery. This means, “Were you properly informed of the risks of the procedure and did you consent to it?”
This is also known as the doctrine of Informed Consent. Informed Consent requires the dentist to provide you with adequate information, including the risks of the medical procedure so that you, the patient, can make an “informed decision”. Under very unfortunate circumstances, dentists may overlook this important aspect of the practice of medicine and simply ignore the patient’s requests and/or insufficiently notify the patient of the risks involved in the medical procedure or surgery. These kinds of cases are truly unfortunate. In such cases, damages may ensue, both physical and mental/emotional/psychological. In such cases, a dentist should try to right the wrongs. In such cases, a dentist may deny any wrongdoing of any kind. In such cases, a lawsuit may follow where the entire case revolves around a “He-Said-She-Said” predicament. These cases can become quite complicated. As a result, if you find yourself in these or other similar circumstances of Dental Malpractice, do not hesitate to the contact the Firm.