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Four Things You Should Know About Dental Malpractice: A Guide by an Attorney

If you suffered preventable injuries during a dental procedure or surgery, you may have a dental malpractice case. Working with an attorney gives you the best opportunity to recover fair compensation and hold the at-fault dentist or other dental professional accountable. 

A dental malpractice lawyer can help you better understand your case and answer your questions about how to proceed with your case. Most provide free consultations for victims. 

Continue reading for four things our attorneys think you should know about dental malpractice. 

1. You May Have a Dental Malpractice Case If Your Dentist Was Negligent

Dental negligence can cause serious injuries. If your dentist or another care provider at the dental clinic acted negligently, you may have a dental malpractice case against them. Filing a dental malpractice lawsuit could allow you to recover money for the expenses and losses you experienced because of your injuries. 

Dental malpractice compensation is available through a negotiated settlement with the dentist’s malpractice insurance carrier or a lawsuit and jury trial. A dental malpractice attorney will represent you and navigate this process for you. This is generally the best way to hold them accountable and get money to cover your related damages. 

2. A Dental Expert Witness Will Verify If Negligence Occurred 

Dental malpractice claims generally require an affidavit or other testimony from a dental expert witness. It is necessary because others involved in the case do not know the expected standard of care. A local dentist or another medical expert who has similar training and experience can testify to how a reasonable professional would act given the same circumstances. 

If your dentist did not uphold this standard of care and injured you, you likely have a valid malpractice case. This makes the expert witness’ testimony a crucial part of evidence in a medical malpractice case

Injury attorneys who handle these cases regularly have networks of medical experts who can review their clients’ injuries and determine if they are a victim of dental malpractice. Identifying an expert witness and having them verify the standard of care is something that is often very difficult or impossible for an individual to manage on their own. This is especially true if they are still undergoing treatment for their injuries.

3. A Dental Malpractice Attorney May Recover a Wide Range of Damages

Dentists and clinics carry dental malpractice insurance. The purpose of this insurance is to cover the costs incurred when the policyholder harms a patient through dental negligence. This could occur because of a surgical error, when something goes wrong during a procedure, due to mishandling medications, and in many other ways.

When a patient files a dental malpractice case against the dentist or dental clinic, they hold the at-fault party accountable by recovering a payout from the insurance carrier. This payout includes money for the expenses and losses they experienced because of their injuries. Examples include: 

  • Current and future medical and dental care for their injuries
  • Income losses from time missed at work
  • Reduced ability to work for lasting injuries
  • Miscellaneous expenses
  • Emotional distress and other pain and suffering damages

4. You Can Find Out If You Have a Case by Talking to a Dental Malpractice Lawyer

If you believe your injuries occurred because of a negligent dentist, you can talk to a dental malpractice attorney about your rights and legal options. This is generally the best way to learn if you may have a case. While they cannot guarantee that you will recover money based on the circumstances of your injuries, they have handled enough cases to decide whether they believe you can hold the dentist or clinic accountable.

The attorney can also answer your questions about the dental malpractice claims process, how these lawsuits work, and the services the law firm provides. Most go to work on these cases with no upfront fees. You only pay if they win compensation for you.

Under California’s medical malpractice statute of limitations, CCP § 340.5, you usually have up to three years to sue for dental negligence. However, we like to get started as soon as possible. Navigating the dental malpractice claims process takes time, and we often settle these cases through a negotiated agreement instead of taking the case to trial.  

Discuss Your Next Steps With Our Dental Malpractice Team for Free

At KJT Law Group, our team provides free consultations for victims of dental malpractice. We can assess your options and explain how we usually proceed with cases like yours. Our dental negligence attorneys know how to develop these cases and hold the dentist or clinic legally liable. We fight for fair compensation for our clients. Contact us today for your free case review. We have someone available to assess your case and answer your questions. 

We Will Fight For You

Contact our firm to get started.
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