In dental malpractice cases, expert witnesses can substantiate your claims of negligence by explaining how a procedure should have been performed and providing an estimate of the cost of your damages. If you or a loved one was harmed by a dentist, you could file a dental malpractice case. When a personal injury lawyer represents you, they can call on expert witnesses to support your case.
Navigating a dental malpractice claim can be difficult without legal guidance and support. On your own, it can be hard to understand the types of evidence your case requires. A law firm in your area will handle this and all other aspects of your case for you. While they do, you can focus on getting better.
Expert Witnesses Can Substantiate Your Dental Medical Malpractice Case
Many states in the U.S. require a certificate or affidavit of merit to validate and support your right to malpractice damages. It attests to the negligent party’s care and its failure to meet the acceptable standard of care.
California does not have this requirement, which makes evidence and testimonials from dental malpractice legal experts an important part of your case. Your case can benefit from a dental malpractice expert witness, such as:
- Orthodontists and other dental specialists
- Medical experts who provided post-dental care
- Anesthesiologists who administered care
- Denture makers, manufacturers, and fitters
The expert witnesses your lawyer will call on in your case will vary based on your dental or medical injury. An expert witness can provide the support and expertise your case needs. Your legal team will assess your injuries and determine which witnesses will best support your case.
What You Need to Know About the Dental Malpractice Lawsuit Process
The key to building a strong compensation request is understanding personal injury law. A malpractice lawyer will have familiarity with state laws that could benefit your case and streamline the financial recovery process for you.
To prepare you to navigate the medical malpractice claims process, your legal team will:
- Create a carefully detailed list of your recoverable damages
- Identify and interview expert witnesses in dental negligence
- Document the relationship between the dentist and patient
- Establish the standard of care you should have received
- Define the breach of care and exactly how it occurred
Your lawyer will also describe your injuries and any additional medical harm you sustained in great detail. They will assist all relevant experts working on your case with their verbal and written testimony.
Damages You Can Recover With Expert Dental Malpractice Witness Support
Once one or more expert witnesses attest to the negligence that caused your dental injuries, you can seek damages from the at-fault party. Your recoverable economic and non-economic damages can include:
- All required medical care
- Corrective and restorative dental care
- All case-related lost income
- Ongoing physical pain and suffering
- Mental and emotional distress
Your personal injury case is unlikely to go to trial. Instead, your dental malpractice lawyer will work with the at-fault party’s insurer to negotiate a settlement agreement.
Avoid a Potentially Costly Delay in Filing Your Dental Malpractice Case
One of the dental malpractice legal requirements is filing your potential lawsuit within the allotted time, which means complying with CCP § 340.5. It generally means filing your medical malpractice case within three years.
Your lawyer will interpret the statute of limitations for you. They will also explain how important it is to meet the filing deadline and avoid the costly consequences of filing your lawsuit too late.
What You Need to Know About What Constitutes Dental Malpractice
Many people associate malpractice with medical care. In truth, substandard or insufficient care could constitute malpractice in many professions. You could be entitled to file a dental malpractice insurance claim or lawsuit for:
- Extraction of the wrong tooth
- Improperly administered anesthesia
- Incorrect extraction of the right tooth
- Failure to properly diagnose a dental condition
- Failure to diagnose or treat a dental complication
- Failure to obtain a patient’s medical and dental history
- Improperly conducting a dental procedure
- Not fully informing a patient of possible complications
- Inappropriate care by others, including nurses and hygienists
Any dental care you receive that fails to meet the acceptable standard of care could qualify as malpractice, according to BPC § 1680. You could also qualify to file a dental malpractice lawsuit if you are injured or otherwise harmed by dental care.
Get Legal Guidance With Your Dental Medical Malpractice Case
If you or a loved one was injured due to substandard care by a dental professional, our law office will help you build a strong case for medical malpractice. When our dental malpractice attorney represents you, we will explain the role of expert witnesses in proving dental malpractice. We will also explain what you should know about California’s medical malpractice laws.