how to sue a dentist for malpractice in california with a lawyer

There’s only one step you should take when trying to sue a dentist — consult a lawyer. The lawyer’s first duty will be to analyze the situation to decide whether you can sue the dentist for malpractice. After that, the lawyer will prepare a case in line with the laws of your state.

Full Answer

How to really win a dental malpractice lawsuit?

The Four Necessary Ingredients to Successfully Sue Your Dentist

1. The Existence of a Duty –. First, you have to prove that your dentist has a duty to care for you. ...
2. A Breach of the Standard of Care. – Next, you have to prove that your dentist violated the standard of care. ...
3. The Dentist Injured You. – Next, you must show that the dentist injured you. ...
4. Proof that The Violation of the Standard of Care Caused the Injury. ...

Why do dentists get sued for malpractice?

Why do dentists get sued for malpractice? Like any other medical professional, dentists in the U.S. can be sued for malpractice if they fail to provide the acceptable standard of care. This might happen if a dentist leaves a broken instrument in your mouth, or if you suffer an injury as a result of the dentist’s negligence.

Can I Sue my Dentist for negligence or malpract?

Like any other medical professional, dentists in the U.S. can be sued for malpractice if they fail to provide the acceptable standard of care. This might happen if a dentist leaves a broken instrument in your mouth, or if you suffer an injury as a result of the dentist's negligence.

How hard is it to sue a doctor for malpractice?

• proving that the doctor's conduct amounted to medical negligence
• convincing the jury that the doctor was actually in the wrong, and
• finding a qualified lawyer who can present the plaintiff's best case.

How do I sue a dentist in California?

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.

Is it worth suing a dentist?

If the negligent dental treatment will cost more than $10,000 to repair, the dental injury may be economically worth pursuing. A bad crown or root canal that can be repaired is best pursued in small claims court.

How do I file a dental malpractice claim in California?

How to File a Complaint with the Dental BoardCall to have a Complaint Form mailed to you (916) 263-2300, OR.Use the On-line Complaint Form, OR.Download and Print a Complaint Form.

What is an example of malpractice in dentistry?

Examples of Dental Malpractice improper extraction of teeth. failure to diagnose various conditions (e.g., TMJ, oral cancer) failure to properly treat complications of care (e.g., infection)

Can I take my dentist to court?

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.

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.

How do you win a dental malpractice lawsuit?

A dentist-patient relationship existed between the plaintiff and the defendant. The dentist (or other practitioner) should have been aware of the appropriate medical standard of care under the circumstances. The standard of care was breached by the dentist, causing (or exacerbating) injury to the patient.

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 if a dentist makes a mistake?

Suing your negligent dentist will certainly help you handle the wrongs that were done to you. However, there is more that you can do. In addition to holding the negligent dentist liable in a court of law, you can also make a complaint with New York State Dentistry Board.

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

Some of the most common causes of dental malpractice lawsuits include: Incorrectly administered anesthesia: When undergoing a dental procedure, anesthesia allows for a patient to be operated on without feeling any pain. However, anesthesia can be incredibly dangerous if not properly administered.

How is malpractice different from negligence?

When a medical provider's actions or inactions fail to meet the medical standard of care, their behavior constitutes medical negligence. If their medical negligence causes their patient to suffer an injury, it becomes medical malpractice.

Introduction

Few people truly enjoy going to the dentist, even if the visit does lead to relief or a more beautiful smile. In fact, some people feel anxiety or even outright fear at the mere prospect of having to sit in that chair. Add to that the big bill that comes afterward and visiting the dentist can start to inspire dread.

Step One: Do You Have a Reason to Sue?

Contrary to what shows like Judge Judy would have you believe, you can’t successfully sue every person for every reason under the sun. This is especially true when it comes to malpractice lawsuits as they can be difficult to prove. Still, there are a few issues that seem to bring people into the courtroom fairly often.

Step Two: Can You Prove Your Case?

Something goes wrong at your root canal, and you’re left with numbness and mild paralysis on one side of your face. This affects nearly every aspect of your life. You need to relearn how to talk, how to chew, and how to swallow.

Step Three: How to Proceed

If you believe you have a case, it is important to start the lawsuit process as soon as you possibly can. This is because the statute of limitations in California prevents you from filing a lawsuit after three years have passed from the time you discovered the problem. Simply put, if you wait too long, you might be out of luck.

Conclusion

Have you been affected by malpractice and are planning to sue your dentist? Call a lawyer referral service and get connected with a trustworthy lawyer who can protect your interests right now.

What does it mean when a dentist is suing?

What this means is that the person suing is a patient of the dentist. The dentist must have accepted the plaintiff as a patient, and agreed to treat them; Standard of Care Breach: The plaintiff will need to prove that the dentist acted below the applicable standard of care.

What is the legal duty of a dentist?

As such, dentists have a legal duty to their patients to concentrate on what they are doing at all times, and ensure they are working within their scope of practice. Failure to do so could lead to an instance of dental malpractice.

Why is the first test of a plaintiff's case so difficult to prove?

Unfortunately for the plaintiff, this first test can be difficult to prove because it generally can only be established through expert testimony.

Can you sue a dentist for a root canal?

Suing a dentist in small claims court may prove more successful for those cases involving injuries such as an inadequate crown, or botched root canal. If you would like to pursue a dental malpractice claim in small claims court, you must first obtain a report from another dentist.

Can a dentist be sued?

Dentists can be sued for a variety of incidents so long as those incidents result in injury from the dental work. Examples of reasons to sue a dentist include, but are not limited to: Unnecessary surgery. It is possible to sue a dentist for nerve damage.

Can a dentist sue for malpractice?

Suing a dentist for medical malpractice will likely utilize the same legal principles as personal injury torts. The injured party (known as the plaintiff) must prove the following elements in order to be successful in a lawsuit against the dentist (known as the defendant): Duty: The dentist must owe a duty to you.

Can you file a lawsuit for dental malpractice?

What this means is that, generally speaking, dental injuries are not considered substantial enough to constitute filing a lawsuit. Dentists must maintain a professional standard of care when working in and around a person’s mouth.

Reasons to Sue a Dentist

Dental malpractice is a serious legal ground for suing a dentist. These constitute a variety of incidents that result in injury during a dental procedure. The most common injury that requires a lawsuit is nerve damage to the facial and oral cavity. The list below shows more common reasons to sue a dentist:

What Do You Need to Prove When Suing A Dentist?

Suing a dentist for negligence will require the same legal elements as personal injury torts. For the plaintiff to have a case against the defendant that holds in court, you must prove the following:

How to Sue a Dentist for Malpractice

The procedures for filing a lawsuit against a dentist will vary depending on each state’s laws and statutory requirements. You also need to look into the proper court to file the lawsuit. For cases involving minor injuries such as a substandard crown or a fumbled root canal, suing in small claims court would suffice.

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What happens if you are a victim of dental malpractice?

Being a victim of dental malpractice can also cause emotional suffering and cost you in medical bills or missed work. Your attorney will help you decide how much money to ask for. It should cover bills, missed wages, and possibly extra money for your suffering. 4. The dentist's error was the cause of your injury.

How long can you sue for malpractice?

Most states have a two-year limit, also called "statute of limitations.". These laws can vary by state, but two years is standard for malpractice suits. You can prove this by showing when the appointment happened and when you had the injury or pain assessed by another dental professional.

What happens if you don't approve a dental procedure?

If the dentist did a procedure you did not approve, or the work they did caused an unexpected injury, such as permanent nerve damage, you should explore a dental malpractice claim. Keep in mind that soreness after the dentist can be expected and last weeks.

What is a medical malpractice claim?

You suffered an injury. This is called "damages" in a medical malpractice claim, and it covers both the injury that was done to you and the money you want as compensation. Physical pain and suffering can be easy to document in doctor visits or procedures to fix the pain.

What is a breach of duty?

What the dentist did was wrong. This is called a "breach of duty" and means the dentist did not follow an acceptable standard of care. Think of it this way: If another competent dentist would not have done what your dentist did, you may have a good case.

How to show a dentist's error?

The dentist's error was the cause of your injury. You can show "causation" through expert witnesses or a second opinion from another dentist or orthodontist. Essentially, you need to know the injury was the dentist's fault.

Can you say a root canal was wrong?

For example, an oral surgeon performing a root canal on the wrong tooth is a horrible accident. However, you can't just say it was wrong. You will need to get dental records and evidence from the dentist to show it was wrong. Some dental offices will try to avoid releasing this information.

How long does it take to file a dental malpractice claim in California?

When considering the possibility of pursuing a claim for any sort of injury that you suffered, it is important to understand that all claims are subject to a statute of limitations In California, there is a statute of limitations of 1 year or 3 years to file a claim for dental malpractice.

How many points of negligence are there in a dental malpractice lawsuit?

Dental malpractice occurs when a dental professional acts negligently, leading to harm to innocent patients. With any lawsuit based on negligence, there are four points that must be proven. In dental malpractice, this is no different. To prove liability, the four elements of negligence must be present.

Why is dental malpractice different from other types of malpractice?

Primarily because of the sensitivity of the area affected and the extent of the injury. As mentioned earlier because you are under anesthesia you are not able to express that you are being injured.

How much can you recover from dental malpractice?

Like medical malpractice cases, which have caps on their pain and suffering damages, dental malpractice cases do not allow you to recover damages in excess of $250,000.

What is dental malpractice?

Dental malpractice is a blanket term that applies to a number of things.

What is product liability?

When the equipment fails it is considered a product liability case. Product liability cases are different than medical malpractice cases, because you are holding the manufacturer responsible for injuries. Dentists often perform negligent dental care resulting in severe injuries.

Why do people go to the dentist?

The Importance of Going to the Dentist. Naturally, everyone goes to the dentist for various reasons. The most common reason is to get a cleaning. In a routine cleaning, a dental staff member will take x-rays of your teeth to see their health. The dentist will then scrape plaque off your teeth and gums.

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.

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 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.

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.

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 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.

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 care important?

So again, dental care is important! If you seek help from a dentist and they mistreat or misdiagnose your condition, that may be ground s for a case. Infection post dental work is also a major cause for concern! It’s crucial that dental professionals keep things clean.

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 happens if your dentist doesn't ask you questions?

If your dentist and their staff aren’t asking the right questions, problem may arise. They also need to find out whether you’re allergic to certain medications and anesthesia. Without due diligence, medication mistakes happen. And as is the case with any medical procedure, anesthesia has to be administered with care.

What do dentists need to do?

That means the instruments they use, but also your mouth. Dentists need to clean wounds with care, stop bleeding, and even prescribe antibiotics when necessary. Note: In a recent failure to diagnose case involving tooth infection, the plaintiff was awarded over $2.5 million in damages.

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.