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The medical malpractice crisis continues to be greatly unresolved in the majority of states across the country that are unable to come to a compromise between the two disputing sides. Insurers consider New Jersey and Missouri as “crisis” states because of soaring malpractice premiums, but studies show malpractice claims and awards are not increasing in either state. Despite these figures, doctors and insurers continue to side with the Republican party to place caps on jury awards, which consumer groups, trial lawyers and a Democratic majority claim will continue to punish the most severely injured victims of malpractice while allowing negligence to continue unpunished.
Experts say dental malpractice is its own category and does not generally reflect what is going on in the larger health care market. This goes specifically for the high settlement amounts. The majority of insurance companies, in fact, only write policies for dental malpractice if they are writing policies for physicians.
Claims for malpractice are considered inherently smaller in dentistry than for medical claims. Although the number of dental malpractice claims has remained fairly steady in frequency and outcome in the last decade, dentists have a duty to patients. A general practitioner, for example, must realize performing a procedure that is also performed by a specialist must be held to a level that is considered the same level of expertise as the specialist. Failing to refer a case early enough to a specialist can result in higher liability if the dentist is later involved in a dental malpractice claim.
A possible dental malpractice claim can involve a wide range of improper treatment services rendered, or the failure to appropriately detect or diagnose conditions. Dental malpractice cases have included injuries to the jaw, lip and tongue nerves, anesthesia related injuries and deaths, the failure to detect or diagnose oral cancer and other oral diseases and injuries related to dental surgeries and treatments.
Like any other healthcare professional, a dentist is held to a certain standard of care when providing services to a patient. A breach of this duty might result in instances of dental malpractice or negligence. Though not every complaint or claim will result in a dental malpractice lawsuit, if a patient believes injury has been suffered because of negligence or malpractice under the dentist''s care, an attorney specializing in dental malpractice can review the case.
If a strong case exists, the dental malpractice lawyer will be able to advise the patient of his/her legal rights and options.
Two Florida dentists filed a motion for a temporary injunction to shut down a Web site that was critical of them and a Florida Department of Health''s review of their patient''s complaints, but a South Florida court ruled last week that they have to pa...
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