what a attorney i need to sue for not getting dental work done

To sue your dentist, you will need to show that they didn't follow the standard of care required by the dental profession and their failure caused your injury. A malpractice attorney is the best person to listen to your situation and tell you if you have a strong malpractice claim.

Full Answer

Can I Sue my Dentist for injuries?

Oct 14, 2016 · To establish proof when suing a dentist, you will need to prove these four principles: Duty, Breach of Duty, Causation, and Damages. Though there are a number of adverse symptoms of dental malpractice, you must consult your legal attorney and specify your conditions and concerns to evaluate your possible claims.

What do you need to file a dental malpractice lawsuit?

May 15, 2020 · You will need to get dental records and evidence from the dentist to show it was wrong. Some dental offices will try to avoid releasing this information. A medical malpractice attorney knows exactly how to compel medical professionals to release the information your case needs. The Five Elements of a Dental Malpractice Lawsuit. Without all of the parts below, you …

Do I have a case if my dentist fails to treat me?

To emerge a small claims winner, you'll need to prove not only that your first dentist failed to meet your standards, but that he or she failed to use ordinary professional skills in doing your crowns. (In other words, your dentist committed dental malpractice .) Unless the dentist's failure was staggeringly obvious, proving this may require ...

How to prove a dentist is liable for a mistake?

Dental Malpractice. Dental Malpractice occurs when a dentist or other dentist office staff member performs a negligent or reckless act that results in an injury to the patient. If during the course of a dental exam, procedure, or surgery you experienced a significant injury that would not have otherwise resulted if the examiner or dentist had done his or her job properly, you may be able …

Why do dentists sue?

Reasons to Sue a Dentist: 1 Anesthesia Complications 2 Failure to Diagnose Oral Diseases or Cancers 3 Injuries to Oral Nerves 4 Complications with Bridges and Crowns 5 Tooth Extraction Problems 6 Root Canal Injuries 7 Complications from Novocain 8 Infections 9 Wrongful Death

What is the most important defense in a dental malpractice case?

What To Know About Dental Negligence Lawsuits. One of the most important defenses in a dental malpractice case is proper documentation. The patient’s dental record must contain a clear chronology of events, future treatment plans, and all the important communication between the dentist and patient.

What is a dental note?

A clear treatment plan (including documentation explaining the reason for any treatment for which the patient has been billed), and. Notes were written at or near the time of the patient’s treatment. Keep in mind that many people will examine the dental record if there is a lawsuit.

How many implants were lost in the negligence lawsuit?

In the implant loss subset, two to 10 implants were lost, and treatment planning was alleged to be deficient to non-existent. The patient with the post-operative infection succumbed to the infection. In 24 of the negligence claims involving dental implant surgery, the defendants were general dentists, and one was a periodontist.

How many cases of failure to diagnose periodontal disease in a timely fashion?

There were 19 cases of failure to diagnose or treat periodontal disease in a timely fashion. All defendants were general dentists. In the majority of these cases, X-rays were not taken routinely, and periodontal probings were rarely or never recorded.

What is the second most common alleged negligence?

The second most common alleged negligence was due to endodontic procedures. Of the above negligence claims due to endodontic procedures, all of the defendants were general dentists. The complications included instruments left in canals, nerve and sinus perforations, air embolisms, and life-threatening infections, including four fatalities. Of the life-threatening infections, seven were due to brain abscesses, and one due to osteomyelitis. Of these eight infections, four were fatalities and four resulted in irreversible brain damage.

Why is it so difficult to categorize this group into subsets?

It is difficult to categorize this group into subsets because most of the treatments included numerous complaints including open margins, overhanging restorations, and poor occlusion. All cases involved multiple units or “full-mouth reconstructions.” There was a universal lack of treatment planning in these cases. All defendants were general dentists.

What happens if you are a victim of dental malpractice?

Being a victim of dental malpractice can also cause emotional suffering and cost you in medical bills or missed work. Your attorney will help you decide how much money to ask for. It should cover bills, missed wages, and possibly extra money for your suffering. 4. The dentist's error was the cause of your injury.

How long can you sue for malpractice?

Most states have a two-year limit, also called "statute of limitations.". These laws can vary by state, but two years is standard for malpractice suits. You can prove this by showing when the appointment happened and when you had the injury or pain assessed by another dental professional.

What is a medical malpractice claim?

You suffered an injury. This is called "damages" in a medical malpractice claim, and it covers both the injury that was done to you and the money you want as compensation. Physical pain and suffering can be easy to document in doctor visits or procedures to fix the pain.

What is a breach of duty?

What the dentist did was wrong. This is called a "breach of duty" and means the dentist did not follow an acceptable standard of care. Think of it this way: If another competent dentist would not have done what your dentist did, you may have a good case.

Can you sue a dentist for malpractice?

To sue your dentist, you will need to show that they didn't follow the standard of care required by the dental profession and their failure caused your injury. A malpractice attorney is the best person to listen ...

Filing a lawsuit against your old dentist is possible, but proving that their work failed to meet the standard duty of care could be difficult

Filing a lawsuit against your old dentist is possible, but proving that their work failed to meet the standard duty of care could be difficult.

Question

My dental work had to be repaired because of the poor workmanship of my former dentist. Can I file a claim in small claims court -- seeing as how I had to pay for the same crowns twice?

Answer

Of course you can file. However, the more important question is: Can you win? To emerge a small claims winner, you'll need to prove not only that your first dentist failed to meet your standards, but that he or she failed to use ordinary professional skills in doing your crowns. (In other words, your dentist committed dental malpractice .)

Dental Malpractice

Dental Malpractice occurs when a dentist or other dentist office staff member performs a negligent or reckless act that results in an injury to the patient.

Dental Malpractice Attorneys

Dental malpractice attorneys work with patients who have been injured as a result of a dentist of dental office's staff member's negligence or recklessness. Dental malpractice attorneys assist patients who have suffered traumatic injuries and don't know where else to torn.

How can a Dental Malpractice Lawyer Help Me?

If you or a loved one has suffered an injury in a dental office a dental malpractice lawyer can provide significant help. For example, your dental malpractice lawyer will help you get better treatment from an alternative dentist.

What is dental malpractice?

Dental malpractice is a blanket term that applies to a number of things.

How long does it take to file a dental malpractice claim in California?

When considering the possibility of pursuing a claim for any sort of injury that you suffered, it is important to understand that all claims are subject to a statute of limitations In California, there is a statute of limitations of 1 year or 3 years to file a claim for dental malpractice.

Why do people go to the dentist?

The Importance of Going to the Dentist. Naturally, everyone goes to the dentist for various reasons. The most common reason is to get a cleaning. In a routine cleaning, a dental staff member will take x-rays of your teeth to see their health. The dentist will then scrape plaque off your teeth and gums.

What is product liability?

When the equipment fails it is considered a product liability case. Product liability cases are different than medical malpractice cases, because you are holding the manufacturer responsible for injuries. Dentists often perform negligent dental care resulting in severe injuries.

Can a dentist cause nerve damage?

Dental malpractice injuries can be serious. Many times the injuries occur while the patient is under anesthetics and cannot respond to pain. As a result the dentist can cause extensive oral nerve damage by drilling through nerves and other oral tissue.

What is a defective product?

Products can be defective when they fail to work in the manner for which they were intended. There are few categories by which a product can be classified as defective, which include. defective design, defective manufacturing, and defective labeling or failure to warn.

Is a dental assistant a product liability?

Without a doubt, it is likely that a dental professional, whether a dentist or an assistant, directly causes harm to dental patients; however, in certain cases the injury is not the fault of the dentist, but rather attributed to the equipment failing to perform as intended. When the equipment fails it is considered a product liability case. Product liability cases are different than medical malpractice cases, because you are holding the manufacturer responsible for injuries.

How to sue a dentist?

In order to sue a dentist, you need to send a 90 day notice letter first. Then you can file a complaint in court. You must prove that something the dentist did was below the standard of care in the community and that it caused you injury and damages. It is not easy to prove this. You need the expert testimony of another dentist with the opinion that your dentist violated the standard of care in the community and that it caused you injury and damages. As I see it, the cost of going to trial on a case like this, where your injuries might not be serious, would be more than you might be awarded. I would first see another dentist and inquire as to whether he or she believes that what was done was below the standard of care.

Can you sue a dentist for malpractice?

"Malpractice" is when a doctor is careless or otherwise provides medical care that is not up to the generally accepted standards (better known as the standard of care). You can sue your dentist but you will not be successful unless he/she has committed malpractice. If you have reason to believe that your dentist committed malpractice, you should collect ALL (including copies of all x-rays) of your medical records surrounding the treatment and discuss the matter with a medical malpractice attorney. You should be aware all claims have statutes of limitations that apply to them. This means that you must take action on all claims within the required time period (s) or your claims will be barred forever. Contact our office or another competent attorney immediately to discuss the particular facts of any claim you might have to learn what time periods apply to your particular situation. The information here has been prepared for informational purposes only and should not be construed as legal advice or a legal opinion on any specific facts or circumstances. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship between the sender and receiver. Readers should not act upon this information without seeking professional counsel.

Paul J Molinaro

Should a dentist provide substandard medical care and actual damages result, then said dentist may very well find himself or herself as a losing defendant at the end of a medical malpractice case. Should a dentist not actually cause physical harm because of shoddy business practices... and, for example, breach a written contract...

Kevin C. Murphy

Consult with a qualified medical malpractice attorney in your local jurisdiction to fully explore your options and chances of prevailing. You can also file a complaint with the Board of Dental Examiners against the doctor if you feel that it is warranted.

David Ian Schoen

You could probably use an attorney to intervene, and put some teeth into your position. I think the dentist may find that sucking up the additional $500 to do what he said he would do in the first place, is preferable to facing a malpractice action when the result he promised you was not accomplished.

John Peter Worgul

You can sue just about anyone for anythin. The question is what are your chances of prevailing, which is based first on if the person has legally wronged you. In your case this may be because of both a breach of contract, if you had one, possible fraud, and or dental malpractice...

C. Donald Briggs III

Yes you can sue but you should first consult with an experienced medical malpractice lawyer. A complaint to your state dental board might also get the result you want.

Christian K. Lassen II

You can certainly have a local dental malpractice lawyer investigate. Avvo has a terrific "find a lawyer" tool to locate a top-rated Avvo attorney with a low contingency fee. Good luck.