Top Fort Smith, AR Dental Malpractice Lawyers Near You

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Fort Smith Dental Malpractice Information

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Lead Counsel independently verifies Dental Malpractice attorneys in Fort Smith by conferring with Arkansas bar associations and conducting annual reviews to confirm that an attorney practices in their advertised practice areas and possesses a valid bar license for the appropriate jurisdictions.

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Dental Malpractice Law

Dental Malpractice is when a dentist does not follow the accepted standard of care and causes harm to the patient. Examples of that include failing to properly diagnose or examine the patient, improper use of dental instruments and anesthesia, and performing unnecessary treatment.

Dental Malpractice Legal Help

If you believe your dentist committed malpractice, you should immediately consult with a Fort Smith lawyer who handles dental malpractice cases. The lawyer can evaluate the circumstances of the dental care in question and determine if you are legally entitled to compensation. Seeking legal advice is the best way to protect your legal rights.

Are There Any Dental Malpractice Lawyers Near Me In Fort Smith, AR?

Dental malpractice can leave you in a difficult spot. Hiring the right attorney can make all the difference in whether your outcome is a positive one or not. Litigating a malpractice case is no easy task and experienced counsel can help you navigate this challenging situation. The LawInfo directory can help you find a verified dental malpractice lawyer near Fort Smith to get the counsel you deserve.

How Do You Report Dental Malpractice?

One way to report dental malpractice is by filing a complaint with the dental board or association in your home state. State boards conduct investigations into malpractice allegations and may sanction dentists. For instances involving criminal offenses, you may wish to contact your local law enforcement to file a police report. From there, the police department conducts an investigation and may file formal charges against the dentist.

What Is the Statute of Limitations for Dental Malpractice Claims?

Each state provides its own statute of limitations for filing a civil lawsuit. Typically, the time period you have to bring your dental malpractice claim is dictated by the statute of limitation for medical malpractice. An experienced malpractice attorney in your state can help you establish the controlling laws in your state and assist you with filing your claim in a timely manner.

What Are Common Reasons for Filing Dental Malpractice Claims?

Dental malpractice claims can stem from a number of different reasons such as injuries or infections from procedures or surgeries, performing the incorrect procedure, tooth extraction, root canal injuries, failure to diagnose or delay of diagnosis, faulty bridges, crowns, or fillings, improperly administration of anesthesia or other sedatives.

The injuries from dental malpractice can be painful and sometimes cause irreversible damage. Common injuries include nerve damage, loss of jaw function, Temporomandibular Joint disorder (TMJ), loss of taste, numbness, or infection. Some patients who have suffered dental malpractice have issues eating or speaking as a result of their injuries. In very serious cases with severe injuries or gross negligence, dental malpractice may even cause a patient to die.

How Do You Prove Dental Malpractice?

Typically, dental malpractice claims require proving negligence on behalf of your dental provider. In order for you to prove your case, you must show that your dentist owed you a duty of reasonable care, the duty was breached, the breach caused your injuries and you incurred damages from the injuries. Dentists are held to a higher standard of care than the average person. Since dentists have a specialized knowledge as medical providers, the law compares the dentist’s conduct to what a reasonable dental provider would have done if they were in this situation.

What Is Dental Malpractice?

Dental malpractice is a form of medical malpractice. These civil lawsuits provide the opportunity for those who have suffered injuries caused by negligent dental work to receive compensation for their damages. Injuries in a dental malpractice suit may be from the negligent or intentional harm caused by a dentist, oral surgeon, orthodontist, or other oral healthcare professional. In some cases, a dentist may have performed a procedure without your informed consent that led you to suffer as a result. Injuries from dental malpractice can be extremely painful and often lead to permanent damage, making it even more important to consult with an experienced personal injury attorney to get started on your claim.

How an Attorney Can Help

An attorney can often resolve your particular legal issue faster and better than trying to do it alone. A lawyer can help you navigate the legal system, while avoiding costly mistakes or procedural errors. You should seek out an attorney whose practice focuses on the area of law most relevant to your issue.

The Importance of a Good Consultation

The goal of an initial consultation is to find an attorney you are comfortable working with and someone who can help you understand your options under the law. Seek to understand the relevant legal experience the attorney brings to your case. While it is not realistic to expect an attorney to resolve your legal issue during an initial consultation, you should gain a level of comfort with his/her ability to do so. A good consultation can clarify issues, raise pertinent questions and considerations for your case, and help you make an informed decision towards resolving your legal issue.

How will an attorney charge me?

A reputable attorney will be very upfront about how he/she will charge you. The three most common fee structures that attorneys use to charge for their services are:

  • Bill by the hour
  • Contingent fee agreement
  • Flat fee agreement

Depending on your specific legal situation, it’s possible that only one type of fee structure is available. For instance, criminal defense attorneys almost always bill by the hour. In a flat fee arrangement, an attorney accepts a one-time payment to help you resolve your issue. With a contingent fee agreement, the client pays little to nothing upfront and the attorney receives a percentage of the money recovered if you win your case.

Common legal terms explained

Pro se – This Latin term refers to representing yourself in court instead of hiring professional legal counsel. Pro se representation can occur in either criminal or civil cases.

Statute – Refers to a law created by a legislative body. For example, the laws enacted by Congress are statutes.

Subject matter jurisdiction – Requirement that a particular court have authority to hear the claim based on the specific type of issue brought to the court. For example, the U.S. Bankruptcy Court only has subject matter jurisdiction over bankruptcy filings, therefore it does not have the authority to render binding judgment over other types of cases, such as divorce.

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