how to find a dental lawyer for negligence online

If there’s a lawyer you know and trust who works in a different field, ask them if they can recommend any personal injury lawyers who specialize in dental malpractice. Search online using a legal database such as Avvo or Martindale-Hubbell, where you can find lawyers by practice area, location, client reviews, and disciplinary records.

Full Answer

How does a dental negligence lawyer succeed in a claim?

A dental negligence lawyer will succeed in a dental negligence claim if they can prove that Dr. X had a duty to act with a higher standard of care based on his education and training when cleaning the patient’s teeth.

What are some examples of dental negligence?

Below are a few examples of dental negligence: 1 The wrong procedure is performed on the patient; 2 Irreparable damage to a patient, their teeth, or their gums; 3 Post-procedure infection; 4 Failure to diagnose an illness, such as cancer or other diseases; 5 Failure to supervisor other employees, such as hygienists; More items...

What do you need to prove in a dental malpractice lawsuit?

In a dental malpractice lawsuit, the plaintiff would need to prove these elements in order to make a successful claim: There was a dentist-patient relationship. There was a medical standard of care for their specific symptoms, treatment, condition, or circumstance. The dentist did not follow the standard of care.

How do you prove a dentist is responsible for an injury?

This is typically established by an expert medical witness who has experience with the procedure in question. Breach of Care: You must prove that your dentist caused your injury or made an existing condition worse through their actions or inactions.

What are some examples of dental negligence?

Let's dive deeper into some of the most common examples of dental malpractice.Dentist Using Excessive Force on Young Patients. ... Performing Non-Medically Necessary Dental malpractice Procedures. ... Not Using Appropriate Anesthetic. ... Broken Instrument/Broken File. ... Broken Jaw. ... Broken Tooth. ... Extractions. ... Fillings.More items...

What can you do if a dentist messed up?

Dental malpractice suits can be brought against practitioners only when they fail to uphold the acceptable standard of care, or when they provide treatment that exceeds your informed consent. More importantly, you need to prove that the dental professional's incompetence/negligence caused your injury.

What is the most common reason patients sue dentists?

One common reason dentists are accused of malpractice is because they fail to procure a patient's informed refusal or consent to carry out a given procedure. When a patient doesn't provide their consent for X-rays necessary for a dentist to diagnose a condition, it's important for him or her to get that in writing.

What are the two types of malpractice in dentistry?

There are two basic types of malpractice insurance — 'claims-made' and 'occurrence'.

What is dental negligence?

Failure or delay in the diagnosis of an oral condition or disease. Dental surgical errors. Improper or inappropriate treatment of a dental condition. Use of a defective or ill fitting dental device.

Can you sue a dentist?

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.

How do you win a dental malpractice lawsuit?

The following elements to have a winning dental malpractice case are:Proof of an existing relationship between the dentist and patient.The nature and severity of the patient's injuries.The required standard of care for the specific procedure.How the standard of care was broken and led to harm for the patient.

Is a dentist liable for a failed root canal?

Can you sue a dentist for a bad root canal? Yes, in some cases you can sue your dentist for a bad root canal treatment if the procedure was not performed to an acceptable standard, or if your dentist neglected their duty of care, resulting in unnecessary pain, harm and suffering.

Should I have to pay for a failed root canal?

Your dentist may be responsible for a bad root canal treatment. It ultimately depends on why your root canal failed. If your dentist did not provide an acceptable standard of treatment or live up to their duty-of-care mandate, you might incur unnecessary pain and suffering.

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.

What is the statute of limitations for dental malpractice in California?

three yearsThe statute of limitations for dental malpractice actions based on negligence is three years after the date of injury or one year after the plaintiff discovers the injury — whichever comes first.

What Is Dental Negligence?

Dental negligence covers any type of injury that has been directly caused, made worse or overlooked by your dental health professional. If this has...

Can I Make A Claim Against My Dentist?

Whether your dentist is an NHS or private provider, if they’ve caused you harm due to negligent treatment then you may be able to make a compensati...

What Are The Time Limits For Making A Dental Negligence Claim?

Under normal circumstances you need to make a dental negligence claim within three years from the point at which you became aware you may have rece...

How Long Do Dental Negligence Claims Take?

A dental negligence claim can take between a few months and a few years to settle (depending on the severity of your injury and whether or not your...

Where Should I Look for a Dental Malpractice Lawyer?

Hiring a dental malpractice lawyer based on a billboard or commercial, without doing any homework, is a bad idea. Doing your own research takes a little extra time, but hiring the wrong attorney can cost you even more time and money down the road. Here are a few ways to identify lawyers who might be right for you:

How Should I Choose a Dental Malpractice Lawyer?

After you’ve identified prospective dental malpractice lawyers, set up interviews with three-to-five candidates. During each interview, evaluate their experience, understanding of your case, and communication skills.

What Questions Should I Ask a Prospective Lawyer?

Focus on the lawyer’s background and related experience. In addition, if they work for a larger law firm, ask them questions about the firm’s culture and how much one-on-one attention you can expect. Some questions that you should always ask a dental malpractice lawyer include:

Can I Afford a Dental Malpractice Attorney?

Yes. Morgan & Morgan’s attorneys work on a contingency basis, which means that if we fail to win a jury verdict or recover a favorable settlement, you pay us nothing. That’s right; it’s free unless you win. And our clients win a lot — to date, they’ve recovered more than $9 billion.

What is dental malpractice?

Dental Malpractice occurs when a dentist or other dentist office staff member performs a negligent or reckless act that results in an injury to the patient. If during the course of a dental exam, procedure, or surgery you experienced a significant injury that would not have otherwise resulted if the examiner or dentist had done his ...

What happens if a dentist fails to diagnose a medical issue?

Additionally, if a dentist or dental examiner failed to diagnose or treat a medical issue that would have been found or treated by a dentist or examiner exercising a high level of medical proficiency, and you suffered an injury as a result of this failure, you may also have a case.

How to contact Dental Negligence?

For a free initial consultation about your dental negligence claim, please call us on 0800 121 6567 or contact us online and we’ll get back to you as soon as possible.

What are some examples of dental negligence?

Common examples of dental negligence include: Delay or incorrect diagnosis – including oral cancer misdiagnosis. Nerve injury. Cosmetic dentistry problems.

How long does it take to settle a dental negligence claim?

A dental negligence claim can take between a few months and a few years to settle (depending on the severity of your injury and whether or not your NHS or private dentist accepts responsibility). We settle most cases quickly but more complicated cases dealing with bigger claims may take longer.

Do you pay upfront for dental negligence?

Most of our dental negligence cases are handled on a no win no fee basis. This means that there’s nothing to pay upfront and no cost to you if your claim is unsuccessful*. If your case is successful your opponent will pay most of your legal costs, with the remainder coming out of your compensation award.

Can dental negligence be painful?

Mistakes in dental treatment can be painful and traumatic. If you’ve suffered due to failures in your dental treatment, we’re here to support you. As the largest medical negligence firm in the country, our dental negligence solicitors could help you claim compensation.

What are some examples of dental malpractice?

Some of the most common examples of dental malpractice include: Failure to diagnose conditions such as gum disease, oral cancer, and temporomandibular joint (TMJ) disorders. Improper extractions, which may lead to TMJ disorders, severed nerves, or fractures of the jaw.

What is breach of care?

Breach of Care: You must prove that your dentist caused your injury or made an existing condition worse through their actions or inactions. An expert medical witness can likewise help in establishing specifically how care was breached, such as by outlining which steps should have been taken to prevent the injury.

Is dental malpractice a chore?

Dental Malpractice. For many people, no matter their age, going to the dentist is a chore. But as much as you might dread going to the dentist, chances are, you take some comfort in the thought that you’ll receive quality care during your visit. Unfortunately, that’s not always how it goes. While the definition of dental malpractice varies ...

What happens if you are a victim of dental negligence?

But if you are the victim of dental negligence, it can be even more distressing. Dental negligence is when a dental health professional fails to provide the right care, often resulting in a worsening condition or an injury. If this has happened to you, you could be able to make a dental negligence claim for compensation.

How long do you have to file a claim for dental negligence?

In most cases, you’ll have three years to make a claim for compensation after suffering from dental negligence. Although this sounds like a long time, it’s always a good idea to start your dental claim as soon as possible.

What happens if a solicitor denies liability?

If they accept the responsibility, your solicitor will then negotiate with them to reach the appropriate level of compensation. If they de ny liability, though, your case could take longer to settle as your solicitor will work to try to get them to accept responsibility.

What does a solicitor do for a dental injury?

This will then form part of your evidence – along with your dental records and witness statements. Your solicitor will then present the evidence to the insurer of the dentist responsible for your injury or illness.

How long does it take for a dental negligence claim to be settled?

The more straightforward cases of dental negligence are typically settled sooner – often within a few months. As part of a dental negligence claim, your solicitor will usually arrange for you to see a professional for an assessment.

What happens if a dentist makes a mistake?

If you’ve been the victim of a dentist making a preventable mistake, you are entitled to claim compensation to get you back to the position you were in before it happened . Dental negligence is usually a painful experience. This isn’t something you just have to accept.

What are the problems with dental implants?

Some of the problems you may have experienced include: 1 Cosmetic dentistry negligence 2 Damage to teeth 3 Dental nerve damage 4 Failure to diagnose oral cancer 5 Failure to obtain consent before procedures 6 Missed or delayed diagnosis 7 Periodontal disease 8 Poor bridge work 9 Poor restorative dentistry 10 Substandard dental implants 11 Substandard root canal work 12 Teeth whitening or gum damage 13 Tooth extractions gone wrong

How to sue a dentist for medical malpractice?

To sue a dentist for medical malpractice, you must be able to prove that you suffered an injury as a result of a dentist’s provision of sub-standard care. To establish proof when suing a dentist, you will need to prove these four principles: Duty, Breach of Duty, Causation, and Damages.

What is the most important defense in a dental malpractice case?

What To Know About Dental Negligence Lawsuits. One of the most important defenses in a dental malpractice case is proper documentation. The patient’s dental record must contain a clear chronology of events, future treatment plans, and all the important communication between the dentist and patient.

What is the second most common alleged negligence?

The second most common alleged negligence was due to endodontic procedures. Of the above negligence claims due to endodontic procedures, all of the defendants were general dentists. The complications included instruments left in canals, nerve and sinus perforations, air embolisms, and life-threatening infections, including four fatalities. Of the life-threatening infections, seven were due to brain abscesses, and one due to osteomyelitis. Of these eight infections, four were fatalities and four resulted in irreversible brain damage.

How many implants were lost in the negligence lawsuit?

In the implant loss subset, two to 10 implants were lost, and treatment planning was alleged to be deficient to non-existent. The patient with the post-operative infection succumbed to the infection. In 24 of the negligence claims involving dental implant surgery, the defendants were general dentists, and one was a periodontist.

How many cases of failure to diagnose periodontal disease in a timely fashion?

There were 19 cases of failure to diagnose or treat periodontal disease in a timely fashion. All defendants were general dentists. In the majority of these cases, X-rays were not taken routinely, and periodontal probings were rarely or never recorded.

What is a dental note?

A clear treatment plan (including documentation explaining the reason for any treatment for which the patient has been billed), and. Notes were written at or near the time of the patient’s treatment. Keep in mind that many people will examine the dental record if there is a lawsuit.

Why do dentists sue?

Reasons to Sue a Dentist: 1 Anesthesia Complications 2 Failure to Diagnose Oral Diseases or Cancers 3 Injuries to Oral Nerves 4 Complications with Bridges and Crowns 5 Tooth Extraction Problems 6 Root Canal Injuries 7 Complications from Novocain 8 Infections 9 Wrongful Death

What to do if you think you have dental negligence?

If you think that the injury you suffered was a result of dental negligence, then there are a few things you can do to prepare for a compensation claim . As is the case with any legal process requiring adjudication, both parties must present evidence, to either prove or disprove the allegation. So, your chances of a successful claim will be enhanced ...

How long does it take to settle a dental negligence claim?

However, dental negligence claims generally take between six months and a few years before a settlement is reached.

What happens if a dentist applies excessive force?

Incorrect treatment: If, for instance, a dentist applies excessive force during treatment and this has caused you injury, you may be able to make a compensation claim. Inadequate care: If you have received poor medical care while undertaking treatment at the hands of your dentist, or after a dental procedure, and have suffered an injury as ...

Can you make a claim for a missed work job?

Loss of earnings: If you had to miss work due to the injury, and this took a hit on your income, then you can make a claim for this. You can also make a compensation claim if the injury will likely affect your future earning potential.

Can you make a dental negligence claim?

Dental Negligence Claims can be made if you have suffered physical injury, financial loss or your well-being has been impacted because of an error by a dentist when diagnosing or treating you. You may be able to make a dental negligence compensation claim if you have suffered any of the following:

What are the most common types of dental malpractice lawsuits?

There are many types of injuries that could happen as a result of dental malpractice, but these are the most common types of dental malpractice lawsuits: Improper tooth extractions. Failure to diagnose conditions like TMJ or oral cancer. Lack of informed consent for procedures.

What is breach and causation in a dental malpractice lawsuit?

Breach and causation. Breach and causation will be the critical pieces of your dental malpractice lawsuit. Your lawyer will need to prove that the dentist either caused the injury or made an existing condition worse because of their action or inaction.

What are some examples of dental malpractice?

Here are 10 examples of dental injuries that commonly result in malpractice lawsuits: Extractions. An extraction (commonly referred to as “getting a tooth pulled”) could result in an infection that requires hospitalization. Some lawsuits arise because of sinus perforations during a tooth extraction. In many cases, the lawsuit is not ...

What is a negligence lawsuit?

Negligence lawsuits involve harm caused by carelessness, not intentional harm. In a dental malpractice lawsuit, the plaintiff would need to prove these elements in order to make a successful claim: There was a dentist-patient relationship.

What happens when you make a mistake in dental?

When a mistake is the result of negligence and causes physical, emotional and financial harm, it could be dental malpractice and you could be able to recover compensation through a personal injury lawsuit.

What happens if a dentist hits a nerve?

The proper procedure after this happens is for a dentist to either follow up with the patient to treat the injury or to refer them to an oral surgeon for additional treatment. Adverse drug reactions.

Why did the dentist not follow the standard of care?

The dentist did not follow the standard of care. The patient was injured because of the dentist’s failure to follow the standard of care. The patient’s injuries resulted in financial costs. Usually, there’s no dispute about the existence of the dentist-patient relationship, so that’s an easy element to meet.