When someone sustains harm due to negligence by a dentist or oral surgeon, hiring a skilled medical malpractice attorney may become a priority. In the dental field, medical errors and substandard treatment can lead to significant health repercussions and debilitating diseases.
The standard of care that each dentist must adhere to involves administering the same care that a reasonably prudent dentist would if they were placed in the same circumstances. If a dentist were to breach this duty and cause avoidable damage to you, assistance from an experienced Lafayette dental malpractice lawyer may make a difference in ensuring the party at fault is held accountable and that you are able to recover damages.
At the heart of every dental malpractice case lies a question of whether the dentist breached the standard of care for their profession. The alleged malpractice must be validated based on a causal relationship between the dentist not following the appropriate standard of care and the injury that the victim received.
Another important component of a dental malpractice case is the damages involved. The individual who suffered the injury can face a variety of side effects and injuries as a result of a mistake in dental care, such as:
In order to determine whether an injured individual is likely to prevail in a dental malpractice lawsuit, a Lafayette dental malpractice lawyer could review each aspect of the case to determine what exactly went wrong during the procedure and if negligence was involved. The first step a well-established personal injury attorney would likely take is conducting a thorough investigation to determine liability.
Proving the damages caused by the dentist or oral surgeon is typically the turning point of the case. An actual injury that causes the victim long-term pain builds a foundation for the dental malpractice attorney to work with.
However, it is worth noting that the presence of an injury cannot win a case on its own. Rather, a dental malpractice suit also places the act of negligence under the microscope as well. The dentist must be responsible and acting outside the state’s normal professional standard of care in order to be held liable for damages.
Like many states, Louisiana has established a limit on the amount of time on filing a lawsuit after an individual has suffered a loss or injury. There are various deadlines depending on the lawsuit being filed.
Louisiana has a dedicated prescriptive period or statute of limitations for those looking to file a medical malpractice lawsuit. According to Louisiana Revised Statutes §9:5628, the victim must file their claim within one year of the action that forms the basis of the case. On the other hand, if the malpractice was not discovered right away, the case must be filed within a year of when it was discovered by the plaintiff. A Lafayette dental malpractice attorney could assist an injured individual by making sure the claim is filed within the prescriptive period.
As with any seasoned health care provider, a professional standard of care must always be observed by dentists when they are working with a patient. One minor error is all it takes to initiate a series of compounding health problems. If you or a loved one suffered injury from a negligent dental care provider, seek out a professional Lafayette dental malpractice lawyer today and start fighting for the justice you deserve.