Medico Legal Dental Experts

Cases of medical errors and dental defects can be difficult to track. As a lawyer, one of your biggest challenges in working with a victim of misconduct is determining whether the case is well-founded or not. The informed opinion of a medical or dental expert can make all the difference if you decide to make a malpractice claim on behalf of your client. While it may seem like an intimidating prospect to attend a court trial in a professional capacity, many dentists choose to do so as an expert witness. This blog explores what it means to be an expert. The implication of understanding the forensic aspect in dentistry is not only based on its use in dental practice. Understanding also plays an important role in dental public health programs. Understanding the medico-legal aspect provides protection against commercial, legal and medico-legal disputes. It provides a practical implication of understanding the theoretical aspect of medical and dental history, file notes, x-rays, photographs and models, since the dentist`s written records legally carry more weight than the patient`s memories. Normally, negligence is not fault or legal liability, as there is no tort intent, but in cases of medical negligence, negligence is taken seriously and the law has imposed a duty of care on the physician or health care worker. But many other actions that patients often complain about do not meet the previously mentioned requirements.

A review of consumer cases shows that some of the following situations are not medically negligent, for example: Legally, a tort (tort) of negligence can only be established against a dentist if the following elements are present [1]: I am a lawyer specializing in dental negligence claims, And most claims do not need to be filed in court, and adequate compensation for the patient will be received in the «pre-action» phase. This means that in most cases you do not have to appear in court and your report is sufficient for me to settle the claim. However, for some claims, an amicable settlement cannot be reached and your opinion must be reviewed by a lawyer so that we can assess whether we are able to initiate legal proceedings. When a case is initiated, there is always the risk that your opinion will also be considered by a judge, and it is very important that you are informed and solid in your opinions. The situation with clinical negligence is a little more complicated. As a lawyer, I will engage the expertise of a dental expert to review clinical records and radiology and determine whether the treatment was below the standard expected of a reasonably competent dentist and whether this treatment caused harm to the patient. This is, in essence, the criterion of negligence and it is for the dental expert to address this criterion in a medico-legal opinion. In most cases, this initial notice can be given on the copies alone, without the need for an examination. Later in the claim, we often ask that the patient be examined and establish a calculated treatment plan (treatment caused by negligence). With regard to forensic medicine in the penitentiary system, the main task of the prison doctor and other health personnel is to ensure the health and well-being of prisoners.

The 7 essential principles governing the provision of health care in prison include free access to a doctor for each prisoner, equivalence of care, patient consent and confidentiality, preventive care, humanitarian assistance, professional independence and professional competence [5]. Experts are professionals who have the necessary knowledge in their respective fields to give an informed opinion to a court on a legal issue. You can become an expert in a variety of professions, ranging from mechanical engineering to medicine. The most common area of law where expert witnesses are required is tort of negligence (including personal injury and clinical negligence). If your case is justified, JD. MD will arrange for a qualified person to make a verified report or affidavit, or testify in court if your case goes to court. An unbiased opinion from a doctor or dentist can help you get the compensation your client deserves. In an emergency involving children, when no parent or guardian is available, consent may be obtained from the person bringing the child for dental examination or treatment (e.g. teacher, supervisor, etc.). [14]. With respect to bodily injury, e.g. A traumatic dental injury After a traffic accident, a report from a dental expert is needed to determine the dental treatment the injured person needs and the future complications they may have as a result of this traumatic injury.

In order to ensure negligence solutions for patients and doctors, a number of dental lawyers have sprung up in recent years that provide free consulting services for dental negligence claims, including Dental Law Partnerships, Slater Gordon Dental Neglect Solicitors, etc. Of course, as a lawyer, I have no direct experience working as an expert. If you would like more information on how to become an expert and would like to hear from a dentist who is already doing forensic work, please check out our next seminar on 27. March 2017 in our London office.