If you are a victim of dental malpractice, it is important to know your rights and how to properly deal with the situation. Dental malpractice can occur when a dentist commits an act that deviates from accepted standards of practice in the dental community. This can lead to serious injuries, including nerve damage, infection, and even death. In this blog post, we will discuss what you need to do if you are a victim of dental malpractice. We will also provide information on how to find a qualified lawyer who can help you get the justice you deserve.
1. What is dental malpractice and how can it occur?
So, what exactly is dental malpractice? Dental malpractice is professional negligence by a dentist that leads to substandard treatment, resulting in injury to the patient. This can happen in a number of ways, such as:
-The dentist may fail to diagnose an issue that results in the delay of treatment.
-The dentist may treat a condition improperly, resulting in further damage or injury to the patient.
-The dentist may use substandard materials or equipment during treatment, which leads to an infection or other complications for the patient.
These are just a few examples of how dental malpractice can occur. If you believe that you have been a victim of dental malpractice, it is important to seek legal counsel as soon as possible to discuss your case.
2. What are the most common symptoms of dental malpractice injuries sustained by patients?
If you have been injured by a dentist or oral surgeon, you may be wondering if you have grounds for a dental malpractice case. Dental malpractice can take many forms, but some of the most common symptoms of injuries sustained by patients include:
-Numbness or loss of feeling in the tongue, lip, or chin
-Difficulty speaking or swallowing
-Loss of taste
-Pain or sensitivity in the teeth, gums, or jaw
-Difficulty opening the mouth
-Jaw pain or stiffness
If you have experienced any of these symptoms after a dental procedure, you may have been a victim of dental malpractice. You should speak to a dental expert witness to discuss your case and determine if you have grounds for a lawsuit. Moreover, if you have been injured by a dentist, you may be entitled to compensation for your medical bills, pain and suffering, and lost wages.
3. How can you tell if you have a valid dental malpractice case against your dentist or oral surgeon?
When you visit the dentist, you expect to receive a certain level of care. If your dentist fails to provide this standard of care and you are injured as a result, you may have a valid dental malpractice case.
Some common examples of dental malpractice include:
-Lack of informed consent
4. How do you find and retain the best dental malpractice lawyer for your case?
As with finding any good lawyer, you will want to ask around for referrals from friends, family, and other professionals. You can also look for a dental malpractice lawyer by searching online directories or the websites of local law firms. Once you have found a few potential lawyers, be sure to schedule a consultation so that you can get to know them better and discuss your case.
When you are meeting with potential lawyers, be sure to ask about their experience handling dental malpractice cases. You will want to know how many cases they have handled and what the outcomes have been. Be sure to also ask about their legal fees and whether they offer a free consultation.
Once you have chosen a lawyer, be sure to keep communication open. Your lawyer should keep you updated on the progress of your case and let you know if there are any changes. If you have any questions, be sure to ask them so that you can fully understand what is going on with your case.
5. What should you expect during the legal process of filing a dental malpractice lawsuit in court?
Once you’ve decided to file a dental malpractice lawsuit, you need to understand what to expect during the legal process. This includes everything from filing the initial paperwork to going to trial. Here’s a brief overview of what you can expect:
-You will need to file a complaint with the court. This is also known as a “petition.”
-The defendant will have an opportunity to respond to your complaint.
-There may be a period of “discovery” where both sides gather information from each other. This can include things like depositions and requests for documents.
-If the case doesn’t settle, it will go to trial. At trial, both sides will present their evidence and arguments to a judge or jury.
-After trial, the judge or jury will issue a verdict. If you win, the court will enter a judgment in your favor. This judgment can include things like compensation for your damages.
Keep in mind that this is just a general overview of the dental malpractice lawsuit process. Your case may vary depending on the specifics of your situation. For example, some states have special rules for cases involving dental implants. And in some cases, you may be able to file a claim with an administrative agency instead of going to court.
6. How much money can you realistically expect to receive in a successful dental malpractice lawsuit settlement or judgment award?
Every dental malpractice case is different, and therefore every dental malpractice lawsuit settlement or judgment will be different as well. You may have seen news stories about multimillion-dollar awards in medical malpractice cases, but these are relatively rare. The vast majority of dental malpractice settlements and judgments fall in the range of $20,000 to $200,000.
Of course, the amount of money you ultimately receive will depend on many factors, including:
-The severity of your injuries
-The amount of damages (medical bills, lost wages, etc.) you have incurred
-The state in which your case is decided (some states have caps on damages awards)
-Whether the dentist or dental practice has insurance to cover a settlement or judgment
-The strength of your legal case
An experienced dental malpractice attorney will be able to give you a more realistic estimate of the value of your case after reviewing all the relevant facts and circumstances.
Turning to a legal professional is the best way to ensure that your case is handled correctly and that you have the best chance at a favorable outcome. An attorney will be able to guide you through every step of the process and help you fight for the justice you deserve. If you’ve been wronged by a dentist, don’t hesitate to seek legal help.