finding a lawyer in pa. who has taken many dental malpractice cases

by Tyrel Fay Published 2 years ago Updated 1 year ago 4 min read

The only way to find an attorney is to just keep looking. Many malpractice attorneys, shy away from dental malpractice cases unless the potential recovery is very high. However, if you find one that has done a lot of dental cases, they are more likely to take the case on despite what seems on its face to be one of lesser value.

Full Answer

How do I prove a dentist is guilty of malpractice?

The dental malpractice lawyers at Morgan & Morgan can: Determine the strength of your case and whether your dentist breached their duty of care. Gather expert witnesses to establish how care was breached. Demonstrate that their breach of care directly caused you harm. Collect evidence in support of your claim.

Can you sue a dentist for medical malpractice?

Apr 15, 2014 · The only way to find an attorney is to just keep looking. Many malpractice attorneys, shy away from dental malpractice cases unless the potential recovery is very high. However, if you find one that has done a lot of dental cases, they are more likely to take the case on despite what seems on its face to be one of lesser value.

Can a malpractice attorney refuse to file a case against a hospital?

Publicly accessible information for individual attorneys can be obtained using the “Look Up an Attorney” function above. For those seeking data for large groups of attorneys, requests submitted in accordance with the Public Data Request Procedures are reviewed on a case-by-case basis. Some documents related to an attorney's prior discipline ...

Why don’t lawyers pursue malpractice cases?

Dental malpractice is a form of medical malpractice dealing with injuries that occur during a visit to the dentist. While malpractice lawsuits do not necessarily claim that the dentist intentionally harmed the patient, in some cases, a dentist or dental professional can be found guilty of negligence or misconduct, such as molesting a patient while he or she is under sedation.

What is the most common reason a dentist will have a malpractice lawsuit brought against them?

Extracting teeth is one of the most common dental procedures and improper extraction is one of the most common types of dental malpractice claims. Examples of improper extractions include: Extracting the wrong tooth, Unnecessary extraction of healthy teeth, and.Jan 9, 2020

Can you sue a dentist for malpractice?

You can sue your dentist if they have failed to provide an acceptable standard of care. This usually occurs when their direct action or inaction has led you to suffer avoidable injury, harm or suffering.May 10, 2021

What are the two types of malpractice in dentistry?

There are four main types of dental malpractice:

Negligent dental work.
Delayed diagnosis or treatment of a disease.
Failure to diagnose or treat a condition.
Intentional misconduct by the dentist.

What is classed as dental negligence?

Dental negligence occurs when a healthcare professional has failed to provide adequate care for you. This can include any instances involving incorrect, delayed or poor treatment that has led to further injury or suffering.

How do you prove dental negligence?

You'll need to prove two things: 'Breach of duty' and 'Causation'. Breach of duty is when you show that the treatment you received fell below the reasonable standard of care you would have expected to receive from a reasonably competent dentist in their field.

How do I claim for dental negligence?

A dental negligence claim is a claim in one category of clinical negligence. Like with clinical negligence, a dental claim can be made if you have sustained any form of personal injury, which may include psychological suffering or financial loss, as well as physical harm, as a result of a dentist's negligent work.

What is an example of malpractice in dentistry?

Examples of dental malpractice include botched procedures (such as root canals and tooth extractions), defective or faulty bridge and crown installation, failure to diagnose or treat a condition, and improper anesthesia administration.

What is occurrence based malpractice?

Occurrence malpractice insurance provides coverage for incidents that occurred during the policy year, regardless of when a claim is reported to the carrier. Claims-made malpractice insurance provides coverage if the policy is in effect both when the incident took place AND when the claim is filed.Aug 2, 2021

What do I do if my dentist messed up my mouth?

To sue your dentist, you will need to show that they didn't follow the standard of care required by the dental profession and their failure caused your injury. A malpractice attorney is the best person to listen to your situation and tell you if you have a strong malpractice claim.May 15, 2020

How long do I have to make a dental negligence claim?

The time limit for making a dental negligence claim is three years from the date negligence occurred, or when you became aware of the negligence.

Can you get compensation from dentist?

You may be due compensation if your dentist has extracted the wrong tooth. It may be possible to claim dental negligence compensation if dental implants go wrong. For example, you may have to claim compensation if your jawbone ends up being damaged which causes pain when you eat.Mar 11, 2022

Jonathan W. Birdt

It is very difficult to find an attorney willing to take any medical malpractice case. Damages are limited by Statute and have been capped at the same amount since the early '70s. Further juries find in favor of the Doctor 86% of the time.

John J. Tiemessen

I defend dental malpractice cases. The type of case you describe is very hard to get an experienced personal injury/malpractice attorney interested in. You have low special damages (medical bills, out of pocket expenses, lost wages, etc.) but what you perceive as a lot of non-economic damages (pain, suffering, inconvenience).

Patricia Kramer

Professional negligence cases involving physicians and dentists are extremely expensive to litigate, there are strict timelines to bring a lawsuit for malpractice, and statutory limits that can reduce the amount of damages a jury can award.

Robert Bruce Kopelson

Malpractice cases are difficult, and experts cost a lot of money. If you don't have big damages, it is hard to pursue from an economic point of view on contingency. Also, thank the ins cos and medical assns.

Patrick John Phillips

Dental malpractice cases have statistically low probabilities of success and tend to be expensive to litigate. These characteristics makes it difficult to find contingency fee representation. All you can do is keep calling different law offices and develop and concise factual summary for why the dentist you want to sue was negligent. Good luck...

David Ian Schoen

The only way to find an attorney is to just keep looking. Many malpractice attorneys, shy away from dental malpractice cases unless the potential recovery is very high. However, if you find one that has done a lot of dental cases, they are more likely to take the case on despite what seems on its face to be one of lesser value.

Alan James Brinkmeier

Many more facts are necessary. You are in the right place. So... use Avvo Find a Lawyer tool to hire a top rated (10) attorney to give Legal Advice.

How to prove negligence in a dental malpractice case?

In order to prove that a dentist is guilty of dental malpractice, the patient must prove that the dentist acted in a negligent manner and that the negligence resulted in an injury. Four elements need to be proven for a dental negligence lawsuit to be successful: 1 Duty of care: the dentist had an obligation to provide competent dental care 2 Breach of duty: the dentist did not provide competent dental care 3 Injury: the patient was injured while undergoing a dental procedure 4 Proximate cause: the patient’s injury was a result of the dentist’s breach of duty

What are the reasons for malpractice?

Dental malpractice cases can be brought against dentists, orthodontists, periodontists, and oral surgeons for any of the following reasons: 1 Failure to diagnose conditions such as oral cancer or periodontal disease 2 Failure to advise patient of diagnosis 3 Improper diagnosis 4 Lack of informed consent 5 Error during a dental procedure resulting in injury to the patient 6 Medication errors

What are the most common dental injuries?

There are several types of injuries that can occur during dental procedures. These include: 1 Nerve injury to the jaw, lips, and tongue 2 Anesthesia injuries and deaths 3 Injury to the jaw bones 4 Injury to the teeth or gums from a faulty crown or bridge 5 TMJ resulting from orthodontic treatment 6 Injuries or infection resulting from use of dental products

Can a dentist be sued for medical malpractice?

Dental Malpractice. You probably think of doctors when you think of medical malpractice claims, but dentists and orthodontists often can be sued as well when they fail to meet the appropriate standard of care. Situations in which this may happen include when a dentist fails to diagnose a patient with a certain condition, ...

What is the duty of care in dental malpractice?

Four key elements comprise the core of a dental malpractice claim. The first is the duty of care, which arises from a dentist-patient relationship. Whether or not this relationship exists usually can be easily determined. The patient must demonstrate the appropriate standard of care in the circumstances. This consists of the actions or precautions that a competent dentist would have taken when treating a patient of a similar nature with a similar condition. Unless the malpractice was truly egregious, you will need an expert witness to prove this element. The expert should be familiar with the specific type of procedure that gave rise to the claim.

Can dentists be sued?

You probably think of doctors when you think of medical malpractice claims, but dentists and orthodontists often can be sued as well when they fail to meet the appropriate standard of care.

Can you get compensation for medical malpractice?

If you incurred expensive medical bills to treat the results of the malpractice, you can seek compensation for these losses. More subjective, non-economic types of harm like pain and suffering can also form part of your compensation award, as long as you can prove that they were significant.

What is breach of duty of care?

A breach is an action (or failure to act) by the dentist that fell short of the standard of care. Causation means that the patient would not have been injured if the dentist had not breached the duty of care.

Do malpractice cases go to trial?

But fortunately, many cases never go to trial, and only a fraction of those end up with a win for the plaintiff.

What is the cap on medical malpractice in California?

He sued the surgeon for medical negligence, claiming that he neither knew nor consented to the removal of additional tissue. But California has a $250,000 cap on non-economic damages in medical malpractice cases.

Who is the CEO of Geisinger?

Geisinger president and CEO Jaewon Ryu, MD, JD, said in a statement: “The loss of a child is tragic, and this settlement can never replace these young children, however we believe we have taken the steps necessary to prevent future infections and spare other families from this loss.”.

How much did the jury award for a 5-year-old boy's brain damage?

In November 2019, a jury in Chicago, IL, awarded a record $101 million on behalf of a 5-year-old boy who suffered severe brain damage at birth. The boy’s mother, who brought the lawsuit, and the hospital that was sued agreed to reduce the award to $50 million on the condition that the hospital would not appeal.

Can a 5-year-old walk?

The 5-year-old is not able to speak, walk, or sit up on his own. The jury award will provide full-time care for the boy for the rest of his life, his mother’s lawyer said. “I want to thank the jury for listening to what really happened,” the boy’s mother said after the verdict.

How many babies died in the NICU in 2019?

Deadly infection in the NICU. Between July and September 2019, three premature infants died after an outbreak of Pseudomonas aeruginosa in the neonatal intensive care unit (NICU) at Geisinger Medical Center in Danville, PA. Five more infants were also infected but survived, although one sustained a permanent brain injury.