I had a root canal treatment. At the first visit, during the cleaning of the canals, the dental tool was broken and it remained in the canal - before the treatment, I was not informed about any possible effects or failures in the treatment. At the next visit, during which the canals were to be filled, the syringe with the disinfectant (sodium hypochlorite) exploded, the substance flew into my throat and spilled in the mouth, I burned my esophagus and cavity - of course the treatment was not finished - and I I felt the effects of this error for 3 days (sharp stomach pain, nausea and discomfort in swallowing saliva, not to mention eating and drinking), and in addition I had to buy appropriate medications to minimize my ailments. Can I (if so, how) apply for dentist compensation and / or money from the group insurance insurer in my situation?
Compensation from a dentist can be claimed in civil proceedings by taking a case against a dentist in civil compensation proceedings. If the patient has been insured with an insurer against the consequences of medical errors, such as dental treatment and possible post-treatment complications, and the insurer has not paid the patient compensation as a result of the medical event, you can also file a lawsuit against the insurer or report the problem with the insurer to the Insurance Ombudsman.
In each compensation process, medical documentation prepared by a doctor, the opinion of experts in a given field and possible witnesses of the incident, who can tell about the situation, are important.
A medical malpractice is an act (omission) of a doctor regarding diagnosis and therapy that is inconsistent with medical science to the extent available to the doctor. Error is an objective category, independent of the individual characteristics or abilities of a particular doctor and the circumstances in which he heals; it is an objective element of guilt. It does not yet prejudge the liability of the physician (medical institution), as its determination is possible only after finding the subjective element of the physician's fault. Mostly, however, it is associated with the lack of knowledge that the doctor should have, not conductingappropriate initial examinations are either too superficial or hasty, which results in a faulty diagnosis, incorrectly read X-ray, selection of an incorrect treatment method, lack of consultation with other specialists, and therefore is the result of reasons attributable to the doctor.
It is also worth mentioning that if the insurer does not feel responsible for compensation, then a complaint can be submitted to the Insurance Ombudsman. In a situation where, in your opinion, an insurance company, pension fund company or other entity has violated the rights or interests of the insured, you may, in the course of a written complaint, seek help from the Insurance Ombudsman. In order for him to be able to intervene effectively, a written complaint should be sent to the Insurance Ombudsman's Office.
Remember that our expert's answer is informative and will not replace a visit to the doctor.
Przemysław GogojewiczIndependent legal expert specializing in medical matters.
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