Improper dental care can damage your life and health in multiple ways. If you or someone you love received substandard dental care or was the victim of dental negligence, consider hiring a Abogada de lesiones personales in your area. They can help you document the harm you suffered and the damage you endured. Your lawyer will also work to develop a winning strategy on your behalf.
This guide to winning a dental malpractice case can explain the steps involved in holding the at-fault party accountable for their actions. It will also explain the elements of negligence and the evidence you need to build an effective case. The guide explains the damages you can recover. It will also describe the benefits of working with a dental malpractice lawyer.
The Role of Negligence in the Dental Malpractice Lawsuit Process
To build a winning dental malpractice case, you must prove the care you received was negligent. The elements of negligence that give you a window of opportunity for pursuing damages include:
- The negligent party owed you a duty of care
- The negligent party breached their duty
- Their breach caused your injuries
- Your injuries resulted in financial losses
A medical negligence lawyer who understands personal injury law in California can prepare your case. They will also review it at each stage for completion and accuracy and to omit any errors that might delay your compensation request.
The Importance of Dental Malpractice Evidence Gathering in a Winning Case
Your case’s evidence will help you determine whom you can sue when filing your dental malpractice case. The evidence your personal injury attorney gathers may include:
- Dental records, x-rays, and diagnostic test results
- Pre- and post-dental care medical records and bills
- Over-the-counter and prescription medication records
- Testimonials from medical and dental expert witnesses
- Statements from other patients and dental office team members
In addition to the dentist or orthodontist who treated you, you could also have a case against a:
- Dental hygienist
- Dental assistant
- Oral surgeon
- Denture fitter
- Dental nurse
Other dental staff members may also bear liability, including the person who took your dental and medical history or someone who failed to note medication allergies.
Dental Malpractice Attorney Tips for Winning Financial Compensation
You cannot reopen a personal injury case once it is settled, so getting your compensation request correct the first time is important. After all, winning your case means obtaining fair compensation for your suffering.
Recoverable damages in your dental negligence case may include:
- Dental care to restore your oral health and appearance
- Medical care to treat any related overall health damage
- Ongoing physical pain and suffering and inconvenience
- Mental and emotional pain and suffering
- Lost enjoyment of life
- Disminución de la calidad de vida
Let your lawyer assess your recoverable damages. They will detail all expenses—big and small—and help you avoid inadvertently undervaluing your dental malpractice claim.
The Benefits of Developing Dental Malpractice Trial Strategies
You do not have to go it alone when seeking damages for dental malpractice. There are many reasons you should hire a lawyer to represent you. Their familiarity with the state’s malpractice and insurance laws means they can offer beneficial dental negligence legal advice.
They can also walk you through the dental malpractice case steps, including:
- Filing your dental malpractice lawsuit
- Leveraging the discovery process
- Completing and submitting the required paperwork
- Preparing you for the deposition process
- Building a persuasive evidence file
- Negotiating for a mutually agreeable settlement
If an acceptable settlement is not forthcoming, your case may go to trial. While this is an unlikely outcome, you must file your medical malpractice lawsuit on time to protect your right to do so, if necessary.
Filing Your Dental Malpractice Lawsuit on Time Is Critical to Winning Your Case
In general, you must file your medical malpractice lawsuit within three years, per CCP § 340.5. However, establishing the statutory filing date in dental malpractice cases can be difficult, since it relies on pinpointing the date negligence occurred or was (or reasonably should have been) discovered.
This part of your case is critical, as an expired filing deadline could prevent you from recovering damages, regardless of how well-prepared your case is. Your legal team will delve into your case and consult relevant experts who can establish the applicable date and aid in complying with the statute of limitations.
Call (818) 507-8525 to Connect With a Dental Malpractice Team Member
If you sought dental care with the goal of obtaining a beautiful, healthy smile and functional mouth, but you received the opposite, you could have a viable dental malpractice case.