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What Evidence Is Crucial in a Dental Malpractice Lawsuit?

Certain types of evidence are crucial to support a dental malpractice lawsuit and recover compensation. This includes expert witness testimony, documentation of what happened, and evidence to show how it has affected your life. 

A dental malpractice lawyer can help you identify, gather, and analyze proof of dental negligence. Attorneys familiar with how these cases work generally represent clients based on contingency and navigate the process on their behalf. Many provide free initial consultations for victims. 

What Evidence Do I Need to Pursue a Dental Malpractice Case?

Dental negligence evidence could include a wide range of things, depending on the circumstances. These cases often rely heavily on expert witness testimony from another dentist, orthodontist, or another medical professional. 

This testimony is often required evidence in a medical malpractice case, and many courts will not hear most cases without it. This is because medical negligence so often involves failure to provide an appropriate standard of care. There is typically no way for most people—including lawyers, victims, jurors, and judges—to know what the standard of care should be since they are not trained medical care providers. 

Other evidence that often plays a crucial role in dental malpractice lawsuits include: 

  • Your relevant dental and medical records
  • Declaraciones de testigos
  • Details about your injuries and treatment
  • Documentation of damages

To hold the dentist accountable and recover compensation, you will need to present strong evidence to show that you did not receive an acceptable standard of care and that dental negligence caused your injuries. This requires knowledge, experience with similar cases, and resources. For this reason, we recommend working with an attorney who handles these cases regularly.  

How Can a Dental Malpractice Attorney Help With My Case?

It can be difficult or impossible to get the evidence necessary to build a compelling dental malpractice case on your own. You may want to talk to a dental malpractice attorney about your rights and legal options as a victim of dental negligence. Working with a law firm that is familiar with the applicable medical malpractice laws allows you to focus on your treatment and physical recovery while they handle everything else. 

When you hire a dental malpractice lawyer to handle your claim or lawsuit, the legal team will navigate the claims process or lawsuit for you. They know how to build a compelling case and seek the compensation you deserve based on your expenses and losses. 

You do not need to know what evidence is crucial to document dental negligence or how to hold the dentist accountable. Your injury lawyer will manage all of this on your behalf. They will investigate, negotiate, and ensure you have the necessary evidence.  

What Damages Can I Recover in a Dental Malpractice Lawsuit? 

The damages recoverable based on your dental malpractice injury will depend greatly on the circumstances and the evidence you put forth. While many endure injuries that eventually heal because of dental malpractice, some live with life-altering catastrophic injuries

When we file a dental malpractice claim or a dental injury lawsuit, we identify the expenses and losses our clients suffered because of the negligence they experienced. This could include both economic and non-economic damages. 

Common examples of damages in a dental malpractice lawsuit include: 

  • Pain and suffering damages, including emotional distress
  • Current and future medical care and support required by the injuries
  • Cosmetic repair costs, if necessary, because of dental malpractice
  • Income losses if you missed work
  • Diminished earning ability if you have lasting injuries
  • Miscellaneous expenses with receipts

How Do I Know If I Have a Valid Dental Malpractice Case?

The best way to know if you may have a case against a dentist or dental care professional is to meet with a dental malpractice lawyer who can assess your case. Most law firms that handle personal injuries will provide a free consultation. 

While there is no way to know for certain whether a jury will agree that someone experienced dental negligence, attorneys who handle these cases regularly generally have a good idea about the possible outcome of these cases based on the details. You can expect our team to ask you questions about what happened, your injuries, and how this affected your life. 

Our dental malpractice lawyers have a network of experts they can call on to support clients in these cases. We use the testimony from these dental expert witnesses to show that negligence occurred and caused the client’s injuries. This is often the most crucial piece of evidence in a dental malpractice lawsuit.

Speak to Our Dental Malpractice Team About Your Legal Options for Free 

KJT Grupo de Derecho represents victims hurt by dental negligence. Nuestro Equipo represents victims of dental malpractice across our service area. You can learn more about your rights and your options, including what evidence is necessary to support your case, during your free consultation with us. Contacta con nosotras today for a free case assessment with our team: (818) 507-8525.

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