What are my rights in case of a faulty dental treatment?
September 18, 2023 | 50,00 EUR | answered by Laura Vollmann
Dear lawyer,
I am contacting you because I recently received a dental treatment that unfortunately was faulty. During a root canal treatment, my dentist injured a nerve, leading to severe pain and complications. I have already attended several follow-up appointments with different dentists to try to solve the problem, but without success. I am very concerned about my health and wonder what my rights are in this situation.
I am worried that the faulty dental treatment could have long-term effects on my health. Additionally, I have already incurred high costs for the follow-up treatments and medications and wonder if I am entitled to financial compensation. I am unsure about how to proceed and whether I can take legal action against my dentist.
Could you please explain to me what rights I have as a patient in the case of a faulty dental treatment? Are there any legal regulations that protect me in such a situation? What options do I have to assert my claims and receive compensation? I would be very grateful if you could provide me with legal advice in this difficult situation.
Thank you in advance.
Sincerely,
Uwe Hentschel
Dear Mr. Hentschel,
Thank you for your inquiry and your trust in my legal expertise in the field of medical law. I am sorry to hear that you are suffering from severe pain and complications due to a faulty dental treatment. It is understandable that you are concerned about your health and seeking information on what rights you have as a patient in this situation.
First and foremost, I would like to emphasize that patients are generally protected by the Patient Rights Act. This law regulates the rights of patients in relation to doctors and other healthcare providers. This includes the right to error-free treatment, the right to comprehensive information about risks and alternatives, and the right to access the patient's medical records.
In your specific situation where a dental treatment was faulty and led to complications, you have the right to compensation for damages and pain and suffering. If a dentist has made a treatment error that has resulted in health damage, the patient can claim financial compensation. It is important that the treatment error is proven and the damages are causally related to the error.
To assert your claims, I recommend that you consult a specialized attorney in medical law. They can review your documents, analyze the situation, and provide legal assistance to help you protect your interests. Usually, initial attempts will be made to reach an agreement with the dentist outside of court. If this is not successful, legal action can be taken to seek compensation in court.
I hope that my explanation will help you in this difficult situation and I am available to answer any further questions you may have. Please do not hesitate to contact me if you need further legal advice.
Sincerely,
Laura Vollmann
Medical Law Attorney
