When a dentist commits a medical error in Hawaii, the patient may have the basis for a dental malpractice lawsuit. Because this is a complicated and specialized area of the law, you should consult with an experienced attorney to find out if your case amounts to dental malpractice.
What Is Dental Malpractice?
There are a wide variety of scenarios that could form the basis for a lawsuit against a dentist including:
- Failure to properly diagnose
- Surgical errors
- Medication errors
- Anesthesia errors
- Failure to obtain an informed consent
It is important to understand that not all mistakes amount to malpractice. This is where an experienced attorney can help you. An attorney can review the unique facts and circumstances of your case and determine whether or not the dentist’s actions, or inactions, amount to dental malpractice.
Winning My Case
If your attorney believes that you may have a valid case, then he or she will initiate a thorough investigation in an attempt to gather the evidence needed to prove your case. Again, this is why you need an experienced attorney because obtaining the necessary evidence can be difficult.
Aside from personally reviewing your medical records, your attorney will also typically request another expert to review those records. As a rule, this means that another dentist will need to review your medical records and the facts of your case. Locating the expert needed to prove your case can be extremely difficult without the assistance of an attorney, yet the testimony of an expert often means the difference between winning and losing your case.
The procedural steps required in a Hawaii medical malpractice case can also be a significant hurdle for an injured victim. Although these cases are similar to other types of personal injury cases, there are some steps that are not required in other types of cases. Once you have retained the services of an experienced attorney, you will not have to worry about missing one of these important steps.
Your Hawaii dental malpractice attorney can also help you value your case. As an injured victim, you want to be certain that you receive all of the compensation to which you are entitled. You could be entitled to compensation for:
- Medical treatment
- Lost wages
- Pain and suffering
Deciding how much you are entitled to though can be very difficult without the assistance of an attorney. You could have an unrealistic expectation which causes your case to drag on unnecessarily or you could end up settling for far less than you deserved.
Going to Trial
Finally, if you are unable to reach an out of court settlement, you will definitely need an attorney to represent you at trial. Because insurance companies realize that an unrepresented victim is unlikely to proceed to trial, they often refuse to settle for what the victim deserves; however, when an insurance company knows that you are represented by an attorney and ready to take your case to trial, they are usually more inclined to offer a fair and just out of court settlement.
If you believe that you have been injured by a dentist’s medical error in Hawaii, consult with an experienced attorney immediately to ensure that your rights are protected. Contact us now for a free consultation.