How to File a Dental Malpractice Lawsuit

By Susan Braden

You deserve quality, affordable dental work, as well as a means to receive justice when you do not get the proper treatment you need from your dentist. By establishing whether your injuries were caused due to negligence or not, by specifying the quantity and severity of your injuries, and by hiring a competent malpractice lawyer to help you navigate the legal process, you can receive just compensation for your dentist’s malpractice! Read on for more details.

1. Establish that your dentist acted negligibly and caused you harm as a result.

Establishing negligence may be the most important part of filing for malpractice, so you can take steps to receive just treatment Malpractice, according to the law, is defined as "the negligent conduct of a medical professional that is directly responsible for causing an injury to a person." Successful malpractice suits have dealt with situations such as unnecessary extractions, nerve damage, anesthesia complications, and faulty crowns or bridges. Malpractice can also include passive negligence by your dentist – if he or she chooses to not treat or even mention a serious oral issue that you have.

2. Specify the quantity and severity of your injuries.

Any harm caused by your dentist’s negligence must also be quantifiable and severe enough to be defined as malpractice. If you simply “experienced pain” or just had to go back for another visit after your dentistry procedures, chances are that your case will not make it very far. You must define exactly what harm you experienced, the dates of onset and duration, and the specific monetary costs resulting from the harm and/or its repair. To define these stipulations, you may want to list your lost profits or income due to inability to work in proper health, your medical expenses, your out-of-pocket payments for services related to the injury, and the specific ways in which you suffered or experienced pain.

3. Hire an experienced, affordable malpractice lawyer.

Most dentistry malpractice cases never make it to court. Instead, dentists usually try to settle these suits out-of-court in order to avoid the stress and cost of court proceedings. Unless you have a legal background, you can benefit from an expert’s advice regarding whether or not to accept an out-of-court settlement offer from your dentist. Out-of-court settlements typically will reward you less money, but will also save you the cost of court and extended attorney fees, as well as time and stress. You should consult an attorney at least once to determine whether your injury qualifies as malpractice within your state, as laws vary between states. Affordable dental malpractice lawyers can be hard to come by, but their help is worth it.

When selecting a malpractice lawyer, look for a firm where at least one of the partners has trained as a dentist. His or her experience can help you greatly as you discuss whether your injuries were the result of dentist negligence. Also inquire about the firm’s record of success or failure in settling out-of-court cases.

Do not let fear of the legal system (or just laziness) keep you from getting what you deserve – follow these tips today and join the 10,000 Americans who have picked themselves up, shaken off their financial burdens by filing for malpractice, and are back in the saddle receiving quality, affordable dental work!