Potential Compensation in Dental Malpractice Cases

You can get financial compensation for your losses in a dental malpractice case. The types of compensation depend on your situation. Compensation may cover your economic losses and non-economic losses. You have to prove that the dentist deviated from acceptable standards of care and caused your injuries to get compensation.

Compensation and dental malpractice can vary by state. For information about your potential compensation, contact a dental malpractice lawyer in your area.

What Are the Types of Compensation in a Dental Malpractice Lawsuit?

In a dental malpractice case, you must prove you suffered harm because the dental professional breached the standard of care. Harm includes physical, financial, and emotional harm. Filing a dental malpractice lawsuit means you’re asking for financial compensation for your losses, or damages.

Damages in a malpractice case are generally compensatory damages. They’re compensation for how your life changed after negligent dental care. After a negligent dental injury, no amount of money can give you back the quality of life you had. Compensatory damages can help with a financial award. These include:

• Economic damages
• Non-economic damages

Punitive damages are a different type of compensation that punishes the wrongdoer. Punitive damages are rare in dental malpractice lawsuits. To get punitive damages, the dentist would have to intentionally cause your injuries or cause reckless damage.

What Are Economic Damages?

Economic damages are the financial losses associated with your injuries. These include out-of-pocket expenses, medical bills, and future medical expenses. If you’re unable to work because of a severe dental malpractice injury, you can also get economic damages for your loss of income. Types of medical malpractice case economic damages include:

• Medical bills
• Loss of income
• Future medical expenses
• Loss of earning potential
• Medications
• Surgical expenses

What Are Non-Economic Damages?

Non-economic damages are losses that don’t have a clear dollar value. They are still serious losses for victims of dental malpractice. For example, what value do you put on permanent nerve damage after a negligent root canal?

Types of non-economic damages in a dental malpractice case include:

• Pain and suffering
• Emotional distress
• Loss of quality of life
• Disfigurement
• Loss of support from loved ones

Your lawyer can demonstrate non-economic damages with expert testimony, day-in-the-life videos, and dental records. For example, a mental health counselor can explain that you suffered depression after negligent dental treatment.

Is There a Maximum Amount of Compensation Available?

About half of states have a cap on non-economic damages in malpractice lawsuits. Other states have decided that limits on damages are against their state constitutions. To find out about limits on malpractice payouts, talk to your lawyer.

In many states, you can get the maximum amount of non-economic compensation. This isn’t fair for victims of negligent dental work who suffer serious emotional harm. However, insurance companies have convinced lawmakers to limit how much a jury can award in malpractice cases.

Can I Get a Settlement for Dental Malpractice?

When you file a medical malpractice lawsuit, you request damages to pay for your losses. The jury can determine how much you should get for your injuries. But most dental malpractice lawsuits never go to trial. They’re settled between the parties for an agreed payment.

A settlement is an agreement between you and the dentist to drop the lawsuit in exchange for compensation. The settlement amount depends on your case. Your lawyer and the dentist’s malpractice insurance company negotiate the settlement terms through the legal process. The closer the case gets to trial, the more likely it is to settle.

A settlement can be the best outcome for you. It avoids the cost, time, and stress of a jury trial. Juries can also be unpredictable, and a settlement guarantees compensation. Talk to your personal injury attorney about dental malpractice settlement amounts.

Can Family Members Get Compensation in Dental Wrongful Death Cases?

In a fatal dental accident, family members can file a wrongful death lawsuit for dental negligence. Damages in a wrongful death lawsuit can include:

• Funeral expenses
• Burial costs
• Loss of support
• Loss of benefits

How Much Is My Dental Malpractice Case Worth?

Many factors go into valuing a dental malpractice lawsuit. The following factors can influence your case’s value:

• Severity of the dental injury
• Disfigurement or scarring
• Disability
• Age of the victim
• Future medical care needed
• Dentist or oral surgeon’s actions

An experienced dental malpractice attorney can review your case and explain your legal options. They can give you a better idea of the strengths and weaknesses of your dental malpractice claim. The statute of limitations only gives you a limited time to file your claim. Contact a dental malpractice lawyer to find out how much you can get in a malpractice lawsuit.