Medical Practice Attorneys Providing Legal Guidance in Dental-Related cases across New Jersey with offices in Trenton NJ
Medical errors affect a startling number of individuals in New Jersey and the country. A 2016 study by Johns Hopkins University reported that medical error causes one out of every ten deaths. The U.S. Centers for Disease Control found that medical error is the third-leading cause of death in the United States. While medical errors caused in the field of dentistry do not rank among the leading malpractice cases, they do account for some. If you have been the victim of an error during a dental procedure, contact a member of our legal team to file a personal injury lawsuit.
What does a personal injury settlement for dental error cover?
Personal injury cases including medical and dental malpractice are seen by the New Jersey Civil Division. A personal injury lawyer will ensure that you are compensated to the full extent of the law for the following four factors taken into consideration by the judge:
- Medical Expenses: These costs include all that are directly related to the accident in the short- and long-term. The cost of ongoing medical expenses will be determined by the judge based on documented doctors’ recommendations in regard to your injury and the predicted cost of ongoing treatment.
- Out-of-Pocket Costs: If you have had to pay upfront for any medical expenses or the myriad of costs directly related to life with your medical error-induced injury, you can recover for this.
- Lost Income: If you are unable to work as a result of your injury and lose income as such, you can receive compensation for this. Any short- or long-term losses during recovery or longer incapacities will be calculated and likely recouped.
- Pain and Suffering: Depending on documented assessments and recommendations from trained professionals such as psychologists, you can recoup funds for emotional and mental distress caused by the accident.
The National Center of Patient Safety reports that medical errors, including dental malpractice, result in huge financial costs – over $5.5 billion annually. Healthcare payouts due to medical malpractice are up to $20 billion each year. Given the prevalence of medical malpractice claims and the amount of money involved in settling lawsuits filed, it is important to get support if you have been the victim of a medical or dental error.
What is dental malpractice?
Dental malpractice occurs when a dentist, dental hygienist, orthodontist, or other dental professional makes a mistake during a procedure that would not normally occur for someone upholding the high caliber of training and professional expectation accompanying their role. Dental malpractice may take the form of causing damage or further damage during a dental procedure, performing an unnecessary treatment, or failing to identify a condition that has dangerous implications, like oral cancer. Dental malpractice also applies to subtler forms of error, such as failure to recommend a procedure in a timely manner when dealing with a time-sensitive matter of safety. For example, in the case that one urgent procedure requires a prerequisite treatment to be done, a dentist is legally responsible for scheduling both as soon as possible. Any situation in which one procedure is delayed and you are caused unnecessary additional pain and physical and emotional discomfort due to the delay, you may have the right to recover financial damages.
A 2017 study by the National Institutes of Health found that, while other medical malpractice lawsuits and payouts were steadily decreasing, dental malpractice payouts actually increased. According to the study, in 2004, there were 11,650 reported cases of dental malpractice in the United States, representing just over 10 percent of all payments. Ten years later in 2014, dental malpractice payouts reached 13.4 percent of all malpractice payouts.
Timing is Key
If you have been involved in an accident during a dental procedure or have suffered from unnecessary delay by your dental practitioner, it is important that you contact a personal injury attorney as soon as possible. The sooner you follow a personal injury claim, the sooner you will have support to document immediate and longer-term effects and expenses regarding the error, increasing your likelihood of recovering expenses and losses. The New Jersey Statute of Limitations states that one has two years to file a personal injury claim after an accident.
Contact Our Mercer County Personal Injury Attorneys
At The Law Office of Kamensky, Cohen & Riechelson, our personal injury attorneys are experienced in supporting our clients across Princeton, Lawrence, Hamilton, New Brunswick and across Mercer County in all malpractice claims involving dental error.
Our direct approach the personal injury claims process and gathering of the necessary documentation, allowing our clients to focus on their recovery.