If you suffered a dental injury and wonder if it might support a dental malpractice claim or lawsuit, consulting a personal injury attorney is one way to find out. Most attorneys who represent injured patients provide a free consultation to assess the case and determine their legal options.
Un Abogada de lesiones personales handles dental injury legal claims by holding dentists and dental clinics accountable for malpractice. It may be possible to negotiate a fair dental malpractice settlement or sue the dentist or another liable party if your injuries occurred because of negligence. Let a personal injury attorney review your case to learn more.
How a Dental Negligence Lawyer Can Help You Understand Your Rights
When you consult a dental malpractice attorney about your injuries, you can learn a lot more about your legal options. When you have your consultation, you can expect the law firm to talk to you about:
- What happened
- The injuries you suffered
- Whether you likely endured dental negligence
- Your rights as a victim of dental malpractice
- Your legal options for getting justice
- How the dental malpractice claims process works
- The services provided by the law firm
- How the firm’s contingency fee policy works
If you hire a dental malpractice lawyer, they will handle all aspects of your case. They will manage all communication with the dental malpractice insurance company, the accused party, and others. They can file a dental malpractice lawsuit if necessary. There are several ways they may be able to recover dental injury compensation for you based on the negligence you experienced.
Statutory Deadlines Will Apply in Your Case
Be advised that personal injury lawsuits have a statute of limitations. This deadline varies from state to state and type of case. For example, CCP § 340.5 in California generally gives medical malpractice victims three years to file. If you miss this deadline, you may not be able to pursue compensation through a lawsuit.
When Dental Procedure Complications Support a Dentist Malpractice Lawsuit?
Not all dental procedure complications or surgical injuries support a malpractice lawsuit. Sometimes, there are unavoidable issues that occur and cause injuries. They could have happened regardless of how careful the dentists or other medical professionals were. However, dental negligence can cause a wide range of injuries, and it may be more common than most people think.
Many things can go wrong when a dental provider is negligent. The injuries suffered can be relatively minor or catastrophic. Some people suffer life-altering injuries because of their dentist’s actions. In most cases, dental malpractice occurs when the dentist fails to provide the reasonable care expected.
The care, also referred to as the duty of care, is the dental treatment and care a reasonable dentist with the same training and experience would give to the patient under the same circumstances. Failing to provide an acceptable standard of care is negligence and will support a dental malpractice claim or lawsuit.
What Evidence Is Crucial for Seeking Dental Injury Compensation?
de evidence required in a medical malpractice case differs from what is used to support most personal injury cases. This difference is because of the nature of these incidents. The dentist and other dental professionals have special training. Typically, attorneys, patients, jurors, and judges do not have the dental training and medical knowledge necessary to determine what should have happened and if the dentist provided an acceptable standard of care.
Instead, a medical expert witness, usually a dentist in dental malpractice cases, will need to review the dental records and other documentation of what happened to determine whether the accused party provided an acceptable standard of care. This expert analysis is required in most malpractice cases to confirm medical negligence occurred.
Other evidence used to support these cases includes dental records, any related medical records, eyewitness statements, documentation of damages, and more. Your medical malpractice attorney will identify, gather, and analyze the evidence available to support your medical malpractice claim.
What Damages Can a Patient Recover in a Dental Malpractice Lawsuit?
The economic and non-economic damages available in a dental malpractice case include almost any expenses or losses you experienced because of your preventable injuries. Your attorney can help you identify, document, and value these recoverable damages. You should not have to pay for your care, missed work, or other costs incurred because of a negligent dentist.
Each case depends greatly on the circumstances, costs, and severity of the injuries. No two cases are the same. Your medical malpractice lawyer will need to calculate a fair settlement range for your case based on your unique damages before they can begin negotiating an agreement.
Some commonly recoverable damages for a dental malpractice lawyer could include:
- Emotional distress and other pain and suffering damages
- Medical and dental care required because of the injuries
- Lost income and reduced earning capacity
- Miscellaneous expenses with receipts
Discuss Your Injuries With a Dental Malpractice Attorney for Free
Our legal team en KJT Grupo de Derecho provides free initial consultations for patients who have suffered preventable injuries at the hands of their dentist or another medical provider. Our dental malpractice attorneys can help injured patients pursue compensation based on their related damages.