Lead Counsel independently verifies Dental Malpractice attorneys in El Paso by conferring with Texas 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.
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.
If you believe your dentist committed malpractice, you should immediately consult with an El Paso 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.
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 El Paso to get the counsel you deserve.
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.
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.
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.
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.
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.
In legal practice, experience matters. An experienced attorney will likely have handled issues similar to yours many, many times. Therefore, after listening to your situation, the attorney should have a reasonable idea of the time line for a case like yours and the likely resolution.
Prepare for your consultation by writing down notes of your understanding of the case, jot down questions and concerns for the attorney, and gather your documents. Remember that you are trying to get a sense of whether the attorney has your trust and can help you address your legal issues. Questions should include how the attorney intends to resolve your issue, how many years he/she has been practicing law and specifically practicing in your area, as well as how many cases similar to yours the attorney has handled. It can also be helpful to broach the subject of fees so that you understand the likely cost and structure of your representation by a specific attorney and/or legal team.
Bill by the hour: Many attorneys bill by the hour. How much an attorney bills you per hour will vary based on a number of factors. For instance, an attorney’s hourly fee may fluctuate based on whether that hour is spent representing you in court or doing research on your case. Attorneys in one practice area may bill you more than attorneys in a different practice area.
Contingent fee: Some lawyers will accept payment via contingent fee. In this arrangement, the lawyer receives a percentage of the total monetary recovery if you win your lawsuit. In sum, the lawyer only gets paid if you win. Contingent fee agreements are limited to specific practice areas in civil law.
Flat fee: For “routine” legal work where the attorney generally knows the amount of time and resources necessary to complete the task, he/she may be willing to bill you a flat fee for services performed.
Affidavit – A sworn written statement made under oath. An affidavit is meant to be a supporting document to the court assisting in the verification of certain facts. An affidavit may or may not require notarization.