When is medical malpractice considered
Another very sensitive field as far as medical malpractice is concerned is that of Dentistry, as well as everything related to Oral and Maxillofacial Surgery, as it focuses on the treatment of such a sensitive area as the human mouth, and more specifically the dental area and its entire nervous system.
The professions related to dental health (Dentists, Prosthetists and Dental Hygienists) are regulated in Law 10/1986 of 17 March on dentists and other professionals related to dental health, revised as a result of Law 10/2013 of 24 July, following the transposition of numerous directives, and it is through its article in which it is established that the work of these professionals goes through:
“carry out activities of prevention, diagnosis and treatment of diseases of the teeth, mouth, jaws and adjoining tissues” and “prescribe medicines, prostheses and medical devices corresponding to the scope of their professional practice”.
How much is the compensation for medical malpractice
Medical malpractice has always existed, a mistake, an oversight or a malpractice leads to a serious health problem or death. Negligence has always lived under a dark cloak, some have passed through the courts, others have gone down in history.
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Examples of negligence in physical therapy
A provision of means is fulfilled with the performance of the promised activity, even if it does not entail the total cure of the patient, provided that such activity has been performed with the diligence required by the nature of the obligation. For as established in Articles 1.101 and 1.104 of the Civil Code:
Therefore, certain technical knowledge is required of both health personnel and professional experts, as well as to apply in their respective professions the energies, means, knowledge, and set of knowledge and own techniques, which are within their reach for the achievement of adequate medical practices (lex artis).
If you want an expert medical malpractice lawyer to study your case and inform you if it is claimable or not, that is, if it is a case of malpractice, request a video consultation on negligence with our experts.
Medical Malpractice in Mexico
If the dentist actually believed he had extracted a tooth that was causing pain and later determined that the tooth was not the cause of the pain, a patient can only sue if the dentist should have known it was the wrong tooth.
You may need a deep cleaning to get rid of the infections that cause gum disease, which means your tooth can actually heal. If successful, the repaired gums will tighten back up around the tooth. In other cases, extracting the tooth and opting for an implant may be the safest bet.
The prevalence of incorrect tooth extractions was 21.1%. The three most common reasons for incorrect tooth extraction were poor communication (31.6%), inadequate referral (28.9%), and overworked dentist burnout (28.9%). Surprisingly, only 50% informed the patient and documented the incident in the patient’s medical record.
In case of incorrect tooth extraction, the fault usually lies with the dentist who extracted the wrong tooth. It is the dentist’s responsibility to correctly identify your dental problems and treat you accordingly, providing a good level of care.