The Role of Expert Witnesses in Dental Malpractice Cases

A dental expert can help with your malpractice lawsuit and show that your dentist was responsible for your injuries. They can explain to the jury how your dentist was negligent and why they are liable for damages. This article explains the role of a dental malpractice expert witness.

If you have questions about how a dental expert can help with your dental malpractice lawsuit, talk to a lawyer. Contact a dental malpractice lawyer to help you recover compensation in your dental injury case.

What Is an Expert Witness in a Dental Malpractice Case?

An expert witness provides an expert opinion to help the jury understand the evidence or facts in a lawsuit. In a dental malpractice case, the expert witness is generally a dental professional. The expert can explain evidence or give their opinion about dental negligence.

The average juror isn’t a dental professional. They don’t know what a prudent dentist should and shouldn’t do in a given situation. A dental expert can explain dental standards of care and how the dentist deviated from those standards.

Who Can Act as a Dental Expert Witness?

Generally, an expert witness in a dental malpractice case has a similar role as the professional accused of negligence. For example, in a malpractice case involving periodontics, your expert witness may be a periodontist. In a dental implant malpractice case, your expert will be someone with extensive experience in dental implants.

The field of dentistry has many types of professionals. The most common types of dentists include Doctor of Dental Surgery (DDS) and Doctor of Dental Medicine (DMD). Some dentists also have certificates in specialty areas, including:

• Anesthesiology
• Oral and maxillofacial surgery
• Oral medicine
• Orthodontics
• Endodontics
• Pediatric dentistry
• Orofacial pain
• Periodontics

Do You Need a Dental Expert Witness to File a Lawsuit?

In many states, you will need a dental expert to file the lawsuit. Medical malpractice lawsuits have higher pleading standards. Many states require a certificate of merit or affidavit from a medical professional to file your claim. A medical expert has to certify they have reviewed your case and find likely dental negligence.

What Are the Qualifications for a Dental Expert Witness?

Before an expert witness can testify in a dental malpractice case, they have to qualify as an expert. Under the Federal Rules of Evidence, a witness qualifies as an expert by their knowledge, skill, experience, training, or education. Similarly, dental experts qualify as expert witnesses based on their training, education, and experience. They can demonstrate their qualifications with their resumes, educational backgrounds, and employment histories.

An expert uses their scientific, technical, or specialized knowledge to help the jury understand the evidence in the case. Their testimony must be based on sufficient facts or data. It must also be based on reliable principles and methods.

How Do You Find a Dental Expert for Your Case?

The United States has hundreds of thousands of dentists. You may not know where to find a dental expert who will provide testimony.

Generally, your dental malpractice lawyer will find a dental expert for your lawsuit. Personal injury lawyers have experience working with various healthcare professionals. Your lawyer can refer your file for their expert review.

Your lawyer may submit your dental and medical records to a few dental experts for an initial review. If the dental expert identifies possible negligence, your attorney can retain the dentist to provide an expert report.

What Is a Dental Expert Witness Report?

In medical malpractice cases, the expert generally gives an expert report, a written finding based on their professional opinion. The report includes information about the expert and their background and states the information used to get their opinion, including medical records and X-rays.

The report expresses the expert’s opinion that the dentist’s actions (or inactions) deviated from professional standards of care. The expert can also give an opinion that the dentist’s negligence caused your injuries.

What Is a Defense Expert Witness?

Dentists are generally represented by their medical malpractice insurance provider when you file a dental malpractice lawsuit against them. The insurance company handles the dentist’s legal proceedings. As the plaintiff, you’ll have your own qualified expert witness. The insurance company will get its own defense expert witness.

The defense expert typically gives a defense expert report that will dispute your expert’s opinion. The defense expert can reply to your defense expert’s report and expert testimony. Your expert witness can respond to the defense expert’s findings. Ultimately, it’s up to the jury to decide who they believe.

Can a Dental Malpractice Attorney Help With Expert Witnesses?

With a dental malpractice lawyer, you won’t have to worry about getting an expert witness. Your lawyer can submit your case for expert review and retain a dental care expert. If you have any questions about expert witness testimony or think you have a dental malpractice claim, contact an experienced dental malpractice lawyer.