Dental Malpractice
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Pittsburgh Dental Malpractice Attorneys
If you or a loved one has suffered a life-changing injury while under the care of a dentist, we would like to hear your story. We will take the time to help you understand whether your injury was avoidable, and if so, whether further investigation into a dental malpractice lawsuit is warranted.
Dental Malpractice FAQ
Dental malpractice can lead to a variety of unfortunate outcomes for patients. At one end of the spectrum, a dental procedure may result in severe pain or discomfort that doesn’t go away. People rightly feel betrayed after paying a fortune for dental work that leaves them unable to chew food or with a poor cosmetic result. However, such dental mishaps rarely result in harm severe enough to justify the time and costs of filing a dental malpractice lawsuit.
If a dental injury can be repaired with additional dental work or oral surgery, it probably doesn’t rise to the level of a case. On the other hand, dental errors which leave patients with severe and permanent injuries may justify further investigation by our law firm. A victim of dental malpractice may be entitled to recover compensation for damages such as future dental or medical expenses, the inability to work, pain, mental distress, and disfigurement. Examples of injuries which could give rise to a dental malpractice lawsuit include:
- Injury to the face, eyes, or mouth from chemical burns
- Laceration injuries from mechanical dental instruments, such as drills
- Injuries from the failure to protect patients from swallowing foreign objects with dental dams or other protective devices
- Trigeminal nerve injury due to improper technique for removal of third molars
In rare yet tragic circumstances, dentists may miss an opportunity to diagnose potentially life-threatening infections or oral cancer. Or through lack of preparation and appropriate staff, dentists or oral surgeons may fail to rescue a patient from an emergency which occurs during dental sedation. Lives are changed forever or cut short. Lupetin & Unatin, LLC can help patients or their families recover damages when dental professionals violate their duty to protect patients from potentially life-threatening conditions and serious harm results.
Our legal consultations are always free unless we recover money for you. During the course of our investigation into your dental malpractice claim, we advance any costs that we deem necessary in the proper handling of your case. If we do not recover money for you, you do not have to reimburse our firm any of the costs we paid to bring your case forward.
This is called the Contingent Fee.
Contingent fees make it possible for anyone to hire only the very best lawyer to decide if there are grounds for a claim, without paying for that advice. More importantly, it gives everyone access to the justice system and representation equal to the best law firms and lawyers that insurance companies, doctors, and other defendants can hire.
The law limits the amount of time you have in which to file a medical malpractice case in Pennsylvania.
Statute of Limitations: You typically have two years from the date of injury to file a medical malpractice case in Pennsylvania. Read More.
Minors Tolling Statute: In a case where the victim is a child (under 18), the statute of limitations does not apply until the child reaches 18. This means that a claim must be filed before the child turns 20. Read More.
Discovery Rule: If the injury is not discovered immediately the discovery rule may extend the amount of time in which you can file your claim. Read More.
In many medical malpractice cases a settlement is reached without trial. In order to determine and agree upon the amount of a settlement, the following factors are considered:
- Establish the full extent of the injury.
- Determine the future needs of the victim, including expected medical costs and cost associated with living with the injury, such as retrofitting of the home, devices and appliances that may be required, and long-term personal care.
- Determine the maximum recovery obtained in similar cases that may have set a precedent.
- Calculate how much the victim would have reasonably made in wages over the course of their lifetime or in the case of homemakers, their contribution to the needs of their family. For more information on the value of a homemaker, click here.
When you are awarded a medical malpractice settlement you have two options. Your first option is to take your settlement as a lump sum (i.e. a check for the full amount of their settlement). Your second option is to invest some or all of your settlement in a structured annuity that will pay out chunks of money over time at a guaranteed interest rate.
When you opt for the annuity, you enter into a contract with a life insurance company. You give the insurance company a lump sum payment up front. In return, the insurance company provides you regular money distributions at a guaranteed interest rate over a period of time in the future.
Structured medical malpractice settlements are income-tax free. In 1982, Congress passed legislation that amended the federal tax code. Their action, The Periodic Payment Settlement Act of 1982, formally recognized and encouraged the use of structured settlements. In response, the Internal Revenue Code was modified to exempt personal injury settlements from taxation so long as the proceeds were invested in a qualified structured settlement annuity. By contrast, the investment earnings on a lump sum payment are generally subject to taxation.
As you approach the settlement of your lawsuit, talk to your lawyer about your options. Ask your lawyer to obtain a variety of proposals from a qualified structured settlement company. Discuss the benefits and implications of structuring some or all of your settlement. Until you sign the annuity contract you are free to do as you wish with your money.
Article
Ludwig’s angina is an infection starts in a tooth and often involves the tongue and tissues inside the mouth. Dentists are often the first line of defense for catching and treating these infections before they develop into a medical emergency. Dentists need to assure patients with signs or symptoms of Ludwig’s angina receive appropriate antibiotics to treat the infection.
Article
Oral cancer is a growing health care concern and should be top of mind for every dental professional. A sudden diagnosis of advanced oral cancer in any patient who regularly visits their dentist should raise concern the dentist failed to do a proper oral cancer screening. Delays in diagnosis of oral cancer can have serious consequences and may justify investigation into a dental malpractice lawsuit.
Article
The standard of care for a dentist or endodontist performing a root canal is to use a dental dam. The American Association of Endodontists has mandated that the use of a dental dam during root canal therapy is the standard of care. This means that if a dentist or endodontist does not use a dental dam during your root canal procedure they are negligent and in violation of the standard of care.