Frequently Asked Questions About Dental Malpractice Lawsuits

Dental mistakes can leave you with visible signs of dental damage. You may suffer pain and require multiple follow-up procedures to fix the problem. A dental malpractice lawsuit can help you get financial compensation.

You may have a lot of questions after suffering a dental injury. Here are some frequently asked questions (FAQ) about dental malpractice lawsuits. Contact a dental malpractice lawyer for legal advice about your malpractice case.

What Is Dental Malpractice?

Dental malpractice is a type of professional negligence. It involves a legal claim against a healthcare professional for injuries caused by negligence. Dental professionals are liable for injuries caused by negligent care.

Dental malpractice victims can file a lawsuit against a negligent dentist to get compensation for their injuries. The dental malpractice insurance company generally represents the dentist. Your lawyer can take your case to trial, and a jury will determine how much you will get in damages. Your lawyer can also negotiate with the insurance carrier for a settlement.

What Are Common Types of Dental Malpractice?

Malpractice can happen with any type of dental treatment. A dentist who fails to follow standard practices can put you at risk of dental injuries. Examples of dental malpractice include:

• Unnecessary tooth extractions
• Cosmetic dentistry injuries
• Nerve damage
• Root canal injuries
• Anesthesia errors
• Oral surgery infection injuries
• Misdiagnosis or delayed diagnosis of oral cancer
• Lack of informed consent
• Defective crowns or dental implants

How Do You Prove Dental Malpractice?

You need to prove certain elements in a dental malpractice case. The elements of a dental malpractice case include:

• The dentist owed you a duty of care as a patient
• The dentist deviated from the dental standards of care
• The dentist’s actions caused your injuries
• You suffered harm because of the dentist’s malpractice

Dental standards of care are based on the reasonable actions of a dental healthcare provider in a similar situation. If your dentist breaches dental standards and causes an injury, they’re liable for their substandard care.

How Much Can You Get in a Dental Malpractice Case?

In a dental malpractice case, an injury victim seeks financial compensation for negligent dental procedures. Medical malpractice case damages include financial, emotional, and physical damages. The amount you can get depends on several factors, including the following:

• Types of injuries
• Extent of the personal injury
• Actions of the negligent dentist
• Future dental care required
• Medical expenses
• Financial losses

Talk to a malpractice lawyer to find out how much your dental malpractice case might be worth. They can explain the process and give an idea of how much you can get in a malpractice lawsuit.

Are There Caps in Dental Malpractice Claims?

About half of states have limits on how much you can get in non-economic damages. Non-economic damages in a dental malpractice case include pain and suffering, emotional distress, and loss of enjoyment in life. Other states don’t have caps on malpractice damages. You can recover the total amount the jury awards for your dental injuries.

How Long Do I Have to File a Dental Malpractice Case?

There are time limits to file dental malpractice lawsuits. This is the statute of limitations, which varies by state. In most states, the time limit is about two years from the date of the injury. However, some states only allow one year to file a dental malpractice lawsuit.

There are some exceptions, depending on the state. Minors may have more time to file a dental malpractice lawsuit because they’re under the age of majority when injured. Some states also allow more time to file if you didn’t discover the dental negligence until later.

Contact a dental malpractice lawyer as soon as possible after your injury to make sure you can file your case in time.

What Is a Dental Expert Witness?

Dental malpractice lawsuits generally require one or more expert witnesses. An expert witness is a dental professional with the training, experience, and education to help the jury understand dental standards. Your lawyer will work with a dental expert to review your case and explain how the dentist deviated from the standard of care.

An expert witness in a dental malpractice case is generally the same as the type of dentist involved in your case. For example, if a negligent oral surgeon injured you, your expert will also be an oral surgeon.

Do I Need a Dental Malpractice Lawyer?

Dental malpractice cases are complex. They differ from other types of personal injury lawsuits. Malpractice cases have different pleading standards and legal requirements. It’s unlike a small claims court case where you can represent yourself. If you try to file a dental malpractice lawsuit without an experienced attorney, you have a low chance of success.

A dental malpractice attorney understands the legal process and how to handle a malpractice claim. They’re also familiar with malpractice insurance company tactics and tricks. For the best chance of getting a settlement, get a malpractice lawyer to handle your claim.

What Should I Look for in a Dental Malpractice Lawyer?

It would be best to look for a dental malpractice lawyer with experience handling cases like yours. Try to find a lawyer with a record of success in recovering compensation for their clients. Make sure you feel comfortable with the attorney you hire.

Most dental malpractice attorneys also work on a contingency basis. This means they don’t get money unless you get compensation. Ask the lawyer about their fees to ensure you don’t owe anything unless you recover damages. Ask the prospective lawyer any questions you have before hiring them. Most malpractice lawyers offer a free initial consultation. So, you can talk to a few lawyers before deciding who is best for your case. If you have questions about dental malpractice, contact an experienced dental malpractice attorney.