Dental Negligence Lawyer South Carolina
Navigating the aftermath of dental negligence can be an overwhelming experience, filled with medical appointments, emotional trauma, and burgeoning bills. This is precisely where the experienced legal team at Mann, Blake & Jackson can assist you. Specializing in personal injury and medical malpractice claims in South Carolina, our dedicated attorneys understand the intricacies of dental negligence claims. We’re here to guide you every step of the way, from collecting crucial evidence to negotiating with insurance companies, all aimed at securing the compensation you rightfully deserve. Reach out to us at 803 525-1645 for a free, no-obligation consultation today.
Understanding Dental Negligence Claims in South Carolina
While a trip to the dentist is often associated with cleanings, cavity fillings, or tooth extractions, sometimes it can go awry, leading to severe pain, injury, or long-term damage. In South Carolina, dental negligence cases form a specialized subset of medical malpractice claims.
What Constitutes Dental Negligence?
Dental negligence refers to substandard care provided by a dentist, dental hygienist, or other dental professional that results in harm to the patient. Some common examples of dental negligence include:
- Incorrect tooth extraction
- Failure to diagnose or treat dental diseases like oral cancer or gum infections
- Nerve damage during procedures
- Inadequate infection control leading to complications
- Using contaminated or outdated materials
- Poorly performed dental surgeries
The Elements of a Dental Negligence Claim
Just like other medical malpractice claims, dental negligence claims in South Carolina need to meet four key elements:
- Duty of Care: The dental professional owed a duty of care to the patient.
- Breach of Duty: The dental professional failed to meet the standard of care, either by action or omission.
- Causation: The breach of duty directly led to injury or harm.
- Damages: The patient suffered actual harm, either physically, emotionally, or financially.
Legal Requirements in South Carolina
In South Carolina, dental negligence claims must be filed within three years of the discovery of the injury or from when the injury should have been reasonably discovered. Moreover, a “Notice of Intent to File Suit” must be filed and a medical expert must certify that the dental professional’s action or omission constituted a breach of the standard care, before the lawsuit goes to court.
How to Initiate a Dental Negligence Claim
- Collect Evidence: Gather all medical records, photographs of injuries, and names of the dental professionals involved.
- Consult an Expert: It’s critical to consult a dental expert to review the case and provide a professional opinion.
- Contact a Lawyer: Dental negligence claims are complex and require specialized legal guidance.
Navigating a dental negligence claim in South Carolina can be challenging, especially when you’re also dealing with physical pain and emotional trauma. With the right legal guidance, however, you can hold the responsible parties accountable and secure the compensation you deserve.
The Importance of Speaking to a Legal Professional
Dental negligence can be a traumatic experience, affecting not just your physical health but your emotional wellbeing and financial stability as well. The path to justice and compensation in South Carolina can be complicated and overwhelming. This is precisely why speaking to a personal injury lawyer as soon as possible should be your next step after experiencing dental negligence.
The Clock is Ticking: Statute of Limitations
In South Carolina, the statute of limitations for filing a dental negligence claim is three years from the date of the incident or from the time you should have reasonably discovered the harm. This period can fly by quickly, especially when you are dealing with medical treatments, bills, and emotional stress. A lawyer will make sure you meet all deadlines and file necessary documentation on time.
Collecting and Preserving Evidence
Timely action is imperative for the preservation of vital evidence such as dental records, x-rays, and even surveillance footage within the dental clinic. Memories fade, and medical records can be misplaced or altered. An experienced injury lawyer knows precisely what kind of evidence will strengthen your case and how to obtain it.
Professional Evaluation of Your Case
Dental negligence claims are complicated and require an understanding of both legal and medical terminologies. A skilled attorney can help you understand the complexities of your case, such as the validity of the claim, the estimated amount of compensation you can expect, and the length of time the case may take.
Expert Testimonies and Negotiations
Having a knowledgeable attorney by your side increases your chances of winning your case significantly. They often have access to a network of medical experts who can testify on your behalf. An experienced lawyer will also be prepared to negotiate aggressively with insurance companies, who typically try to minimize the payout amount.
Knowing that a professional is handling your case will give you the much-needed peace of mind to focus on your recovery. The process involves many intricacies that can be overwhelming for a layperson to understand and manage, but a seasoned attorney can guide you every step of the way.
Contact a South Carolina Dental Negligence Attorney
In the tangled web of dental negligence claims, having the right legal representation can make all the difference between a successful claim and one that flounders. The lawyers at Mann, Blake & Jackson have the expertise, resources, and dedication to guide you through this complex process, ensuring that your rights are safeguarded at every juncture. Don’t let negligent dental care derail your life; take control of your situation by seeking the compensation you deserve. To get started, we invite you to call us at 803 525-1645 for a free consultation. We’re committed to your well-being and will stand by your side until justice is served.