what kind of lawyer do l need to sue a dentist

Can I Sue my Dentist for injuries?

What Type Of Lawyer Do I Need To Sue A Dentist. An experienced personal injury attorney will be knowledgeable about your state’s laws regarding the matter, and will assess your case to determine whether you have a claim. Common types of dental malpractice include negligent dental work, failure to diagnose or treat a harmful condition, delay ...

Do I need a lawyer for a dental malpractice case?

As previously mentioned, you should consult with a skilled and knowledgeable personal injury lawyer if you are considering suing your dentist. An experienced personal injury attorney will be knowledgeable about your state’s laws regarding the matter, and will assess your case to determine whether you have a claim.

Why do I need a lawyer for malpractice?

Finally, your dental malpractice lawyer will negotiate a settlement with the dentist or dentist office that caused your injuries. If a favorable settlement is unattainable, your dental malpractice lawyer will file a lawsuit and fight your case in court. Searching for an attorney has never been easier.

How long do I have to file a dental malpractice lawsuit?

May 15, 2020 · 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.

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.

Dental Malpractice Attorneys

Dental malpractice attorneys work with patients who have been injured as a result of a dentist of dental office's staff member's negligence or recklessness. Dental malpractice attorneys assist patients who have suffered traumatic injuries and don't know where else to torn.

How can a Dental Malpractice Lawyer Help Me?

If you or a loved one has suffered an injury in a dental office a dental malpractice lawyer can provide significant help. For example, your dental malpractice lawyer will help you get better treatment from an alternative dentist.

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 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.

Can you sue a dentist for malpractice?

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 ...

John David Kelner

First, only a few attorneys ADVERTISE dental malpractice as a specialty. There is no such certification in Florida. I do dental negligence cases (on both sides) and can tell you the same as others.

Christian K. Lassen II

Only a tiny handful of lawyers handle dental cases, so easiest to Google dental malpractice lawyer.

Clifford M. Miller

Since you will have to comply with the malpractice pre-sceening requirements be sure you find someone familiar with them. But, your damages are probably not large enough to support a lawsuit.

Theodor Kaplun

My suggestion is to speak to both a dental malpractice attorney and a consumer fraud attorney - best of luck getting this resolved.

Philip Anthony Fabiano

You need to find a lawyer who handles medical negligence cases that is interested in investigating the claim. From what you present I doubt you will find any interest. These cases are very expensive and very risky to pursue. In addition your state has been under control of the Republican party and even worse more recently T-people.

Andrew Y. Kim

It shouldn't take one year and 40 visits to do one implant. Something is not right. Ask for a refund and/or file a complaint with the state dental association. She should probably seek follow up care elsewhere.

Peter N Munsing

I think it's time to find a good orthodontist, get a second opinion, then ask #1 for a return of your money. Otherwise she is having someone operate on her who isn't happy with her--not good.

Where to file a malpractice lawsuit?

Identify the correct court. In most cases, you'll file your malpractice lawsuit in the general state civil court located in the same county as your dentist's office. Some states have special courts that exclusively handle malpractice cases.

How long do you have to file a lawsuit?

Typically you only have 1 to 2 years from the date your injury occurred to file a lawsuit. You may have more time to file if you had no way of knowing about the injury until months or even years after it occurred. A malpractice attorney will be able to tell you exactly how long you have.

How long do you have to file a malpractice claim?

These deadlines are relatively short for all personal injury cases, and can be even shorter for malpractice lawsuits. Typically you only have 1 to 2 years from the date your injury occurred to file a lawsuit.

Who is Jennifer Mueller?

Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006. This article has been viewed 12,565 times.

Can a dentist be 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. Malpractice suits are complex, ...

What to do if you have been victim of dental malpractice?

If you think you've been the victim of dental malpractice, you may want to contact an experienced medical malpractice attorney to discuss your case and your legal options.

What happens if a dentist fails to treat you?

If your dentist fails to treat you in line with the applicable standard of care, the dentist has breached his or her legal duty. Keep in mind that in a dental malpractice case, an unfortunate or unsuccessful result does not automatically equal a breach of duty. Learn more about when it's malpractice, and when it's not.

What is a plaintiff in a malpractice case?

As a plaintiff, you are charged with proving that your dentist's breach of the standard of care caused you harm. Damages in a malpractice case can be physical (nerve damage, tooth loss), financial (costs associated with correcting your dentist's mistakes) or non-economic ( pain and suffering ). As long as your damages were caused by your dentist's ...

What is the medical standard of care?

The medical standard of care is often defined as the level at which an ordinary, prudent dentist—in good standing, and of same or similar educational background and geographic location—would administer care under the same or similar circumstances .

Can a dentist breach her duty to comply with the standard of care without causing you harm?

Causation is often the key component of a dental malpractice case. It is entirely possible that your dentist could breach her duty to comply with the standard of care without causing you any harm. In fact, you may never know a breach occurred.

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.

What is the medical standard of care?

Medical Standard of Care: The medical standard of care refers to the level of care a similarly skilled dentist would have provided given identical circumstances. This is typically established by an expert medical witness who has experience with the procedure in question.

Is it a chore to go to the dentist?

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.

What is dental malpractice?

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

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.

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.

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.

Can a dentist cause nerve damage?

Dental malpractice injuries can be serious. Many times the injuries occur while the patient is under anesthetics and cannot respond to pain. As a result the dentist can cause extensive oral nerve damage by drilling through nerves and other oral tissue.

What is a defective product?

Products can be defective when they fail to work in the manner for which they were intended. There are few categories by which a product can be classified as defective, which include. defective design, defective manufacturing, and defective labeling or failure to warn.

Is a dental assistant a product liability?

Without a doubt, it is likely that a dental professional, whether a dentist or an assistant, directly causes harm to dental patients; however, in certain cases the injury is not the fault of the dentist, but rather attributed to the equipment failing to perform as intended. 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.