Incorrect orthodontic or dental treatment often results in serious health consequences. For patients, it also means the need for burdensome corrective procedures.
Medical malpractice by a dentist constitutes grounds for claiming redress and compensation.
In cases involving a violation of the law, disciplinary proceedings may also be initiated.
In many cases, compensation or redress can be obtained without taking the matter to court — the payment is made by the doctor or their insurer.
If the case is to be brought before the court, it is first necessary to obtain the medical documentation. A legal consultation will help assess the chances of obtaining redress and compensation.
Our law firm provides legal assistance to patients who have suffered harm as a result of orthodontic or dental malpractice.
The most common medical errors made by dentists include:
As a result of such an error, the treatment may produce results inconsistent with the agreed plan.
A dentist’s error often leads to a significant extension of the treatment process. Errors related to prosthetic dentistry can cause particularly serious health consequences. In extreme cases, dental malpractice may result in:The consequences may include severe pain and difficulties with chewing food, and in some cases even with speaking or breathing.
For the patient, this often means significant costs associated with further treatment. In many cases, it becomes necessary to fit another orthodontic appliance or replace the existing prosthetic structures.
In many cases, a violation of patients’ rights leads to medical malpractice.
Compensation for improper orthodontic or dental treatment can be pursued either out of court or through judicial proceedings.
Every dentist is required to have mandatory civil liability insurance. Upon the patient’s request, they are obliged to provide details of their policy.
A well-prepared insurance claim should include a description of the treatment and the patient’s main objections.
It is important to clearly specify the claims and attach the relevant medical documentation, including X-ray and CT images.
The insurer should pay the undisputed amount of compensation or issue a refusal decision within 30 days of receiving the claim.
If the insurer pays compensation for orthodontic or dental treatment, it usually means significant financial consequences for them. Therefore, even in cases of obvious malpractice, insurers sometimes refuse to pay compensation.
To obtain an independent assessment of whether medical malpractice occurred, the case may be referred to the Patient Rights Ombudsman for explanatory proceedings. Disciplinary proceedings may also be initiated before the Regional Chamber of Physicians.
If the insurer’s offer is unsatisfactory, the patient may take the case to court. This step involves higher costs and a longer waiting period for the verdict, but it often results in higher compensation and redress.
Dental malpractice is not covered by the state-run Medical Event Compensation Fund, except when it occurs in a hospital and the treatment was publicly funded.
Criminal proceedings are rarely initiated in cases of dental malpractice. However, in certain circumstances, the case may be referred to the Prosecutor’s Office — specifically to the Medical Malpractice Division.
If you have experienced orthodontic or dental malpractice, our Law Firm will help you obtain compensation and redress.
During a legal consultation:
To schedule a legal consultation, please contact us at: +48 794 670 078.
