Dental personal injury claims arise when a patient alleges harm or injury as a result of dental treatment. These claims can become complex and time-consuming.
Here are a few key considerations that New York dental professionals should understand when faced with this type of claim.
Burden of proof
The burden of proof lies with the plaintiff, the injured party. This means that they must demonstrate that the dental professional’s actions or negligence directly caused their injury. To build a strong defense, it is important to thoroughly examine the case’s details.
Proper documentation
One of the most important aspects of a dental personal injury defense is maintaining accurate and detailed records. Dentists must maintain records of all patient visits, treatments and any informed consent forms. These records can show that the parties involved followed proper procedures.
Standard of care
Dental professionals must provide a standard of care that is in line with accepted dental practices. If a dentist can show that their actions were consistent with this standard, it can strengthen their defense against a personal injury claim.
Expert witnesses
In some cases, it may be necessary to bring in expert witnesses to testify. These experts can provide insights and opinions that support the dentist’s actions and refute the plaintiff’s claims.
Statute of limitations
New York has a statute of limitations of two to three years for personal injury claims, including dental ones. This means that a plaintiff has limited time to file a lawsuit after the alleged injury occurs.
Settlement negotiations
Dental professionals can often resolve personal injury claims through settlement negotiations. This involves both parties reaching an agreement without going to court. Negotiating favorable terms is important to protect the dentist’s reputation and finances.
Defending against dental personal injury claims requires a thorough understanding of the legal framework surrounding them. Successful outcomes depend on the handling of case-specific evidence and on a dental professional’s everyday workplace organization and compliance with local laws.