how to find a lawyer to take any dental medical malpractice case

• Call a bar association in your city, state or county. Most local bar associations have several search/referral tools to assist you in finding an attorney in a certain specialty. ...
• Talk to your insurance company. Your health insurance company may be able to offer some tips on malpractice attorneys in your state.
• Talk to another doctor. If your primary physician is not involved in the case in any way, he or she may know reputable medical malpractice attorneys in your region.
• Ask your family and friends. Your personal network is always a valuable source to find a good attorney. ...
• Ask attorneys in other specialties. Almost every successful attorney will know good attorneys in other specialties.
• The Enjuris personal injury lawyer directory. Check our legal directory to find a qualified medical malpractice attorney near you. ...

Full Answer

What to do if you are a victim of Dental Malpractice?

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.

Can I sue a dentist for medical malpractice?

Mar 16, 2020 · Seek the advice of more than one attorney and make sure that the attorney is one who spends all of his or her professional time in the litigation of medical malpractice claims. While some law firms may reject a case because it does not make economic sense for them to take it, another firm or lawyer may be willing to take on the lawsuit.

What does a dental malpractice lawyer do?

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.

What damages can I recover for a dental malpractice claim?

That said, the average payment in a dental malpractice suit is $65,000. (According to Medical Protective, the leading provider of US malpractice insurance.) If you believe you or a loved one is the victim of dental malpractice, contact the dental malpractice lawyers at Hampton & King Attorneys at Law. We’ll help you set up a consultation to review your case and see if you’re …

What is the most common reason patients sue dentists?

What are the two types of malpractice in dentistry?

How do you prove dental negligence?

What is an example of malpractice in dentistry?

Can you sue a dentist for 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 or her job properly, you may be able to sue the dentist and/or dental office . 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.

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.

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.

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 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.

Do no harm dental malpractice?

Dental malpractice can occur when the first rule of the Hippocratic Oath, “Do no harm,” is broken. Dentists aren’t supposed to deviate from what the field considers acceptable.

What does it mean to have grounds for dental malpractice?

Now to have grounds for a dental malpractice case, there needs to be substantial proof of suffering. This may mean that the damage will forever impact your taste or sense of feeling. It may also mean that doing normal activities is now challenging. For example, if the way you eat, drink, or speak is affected…

Why is dental malpractice bad?

Dental Malpractice Because Of Infection. Many people negate the importance of good dental hygiene. But an infection in your mouth can get serious quick. The pulp of your tooth contains blood vessels, nerves, and tissues. And if the pulp’s infected, it can move to the bone and cause an abscess.

Can a dentist deviate from what the field considers acceptable?

Dentists aren’t supposed to deviate from what the field considers acceptable. Doing so raises serious professional and ethical questions. It also puts patients at great risk of injury or death. This of course can lead to dental malpractice lawsuits.

What nerves are most likely to be injured during dentistry?

The two nerves most likely to receive injury during dentistry are the lingual nerve & the inferior alveolar nerve.

What nerves can a dentist sever?

The two nerves most likely to receive injury during dentistry are the lingual nerve & the inferior alveolar nerve. Here’s a few symptoms to watch out for if you suspect nerve damage: Pain in your jaw.

Is it permanent to have a dental procedure?

Many healthy dental procedures can result in temporary effects. So though you may have the above symptoms, it’s not necessarily permanent! Most of these symptoms are temporary and are a part of the normal healing process.

Can a dentist file a malpractice claim?

No dentist wants a malpractice claim against them. They will likely try to settle your lawsuit out of court, and there are some documents and evidence that they’re likely to provide as part of the case.

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.

Can dental malpractice cause infection?

Infections and other complications from dental treatment can be caused by malpractice. Even good dentists make mistakes, but malpractice is characterized by negligence. Here’s how you can figure out if your complication was caused by malpractice or if it’s an expected outcome from your treatment.

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 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.

Can a dentist make a mistake?

Like any medical provider, dentists sometimes make mistakes. 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 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.

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.

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

Is dental hygienist malpractice?

In fact, the treatment provided to you by a dental care professional has to be below the acceptable standard of care that you should expect from a dentist, dental hygienist, or any other dental health care provider and the treatment has to cause serious personal injuries to you; otherwise, it can’t be considered malpractice.

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 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 were the complications of endodontic procedures?

The complications included instruments left in canals, nerve and sinus perforations, air embolisms, and life-threatening infections, including four fatalities.

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, ...

Why are dental malpractice cases so complex?

This is because most states require plaintiffs to meet certain procedural requirements, often including an affidavit of merit.

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.

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.

What is breach and causation in dentistry?

A breach is an action (or failure to act) by the dentist that fell short of the standard of care.

What does "causation" mean in dentistry?

Causation means that the patient would not have been injured if the dentist had not breached the duty of care. This may involve defeating a dentist’s argument that the injuries resulted from a pre-existing condition or a natural complication of the procedure, of which the patient was warned.

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.

Can you get your own medical records?

Collect your records. Patients can now get their own medical records fairly cheaply under the recent “HITECH” Act. You can jumpstart the process of investigating your case by going to the hospital/clinic and telling them you’d like to do a “HITECH request” for all of your records. You can’t have too many records.

What happens if a patient is harmed by a medical error?

First, their medical professionals will rally around them to prevent the consequences of the error, pulling out all the stops to leave the patient good-as-new. Second, if there are problems that can’t be fixed, attorneys will throw themselves at ...

Does the medical system provide compensation for medical errors?

The short answer is that the system – which includes the medical system and the legal system – is not set up to ensure compensation for injuries caused by medical errors and defective medical products. Often, only the most horrifically, egregiously, injured patients will draw interest from attorneys for patients.

What do doctors say when something goes wrong?

Doctors and hospital officials who subscribe to this philosophy, such as those at the University of Michigan Health System, the University of Illinois at Chicago Medical Center and Stanford University Medical Center say they tell patients when something went wrong and offer an apology and sometimes even compensation.

How much money do lawyers have to invest in a lawsuit?

But lawyers may have to invest $50,000 or more to pursue a case, and they usually only get paid if they win or settle.