If you believe you are a victim of dental malpractice, you may be entitled to compensation. However, filing a dental malpractice lawsuit can be complex and daunting. Understanding who you can sue, the steps you must take, and what actions to avoid are crucial for building a solid case.

Who Can The Victim Sue?

1. Dentist: The most common defendant in a dental malpractice case is the dentist who performed the procedure or provided the treatment that caused harm. This includes general dentists and specialists, such as oral surgeons, orthodontists, or periodontists.
2. Dental Staff: You may also be able to sue dental hygienists, assistants, or other staff members if their actions contributed to your injury. For example, if a hygienist improperly administered anesthesia, they might be liable.
3. Dental Practice or Clinic: If the negligence is linked to systemic issues, such as poor sterilization practices, lack of proper training, or inadequate supervision, you may have grounds to sue the dental practice or clinic.
4. Product Manufacturers: If your injury was caused by a defective dental product, such as a faulty dental implant or equipment, you could also have a case against the manufacturer.

Steps to Take for a Successful Dental Malpractice Suit

1. Document Everything: Keep detailed records of all dental visits, treatments, and communications. Include dates, procedures performed, and any written documentation the dental office provides.
2. Get a Second Opinion: If you suspect malpractice, seek a second opinion from another dental professional. This helps establish whether the initial treatment deviated from the standard of care expected in the dental profession.
3. Request Medical Records: Obtain copies of your dental records, including X-rays and treatment notes. These documents are vital pieces of evidence.
4. Consult a Malpractice Attorney: Find an experienced dental malpractice attorney to evaluate your case. They can help you understand whether you have a valid claim and guide you through the legal process.
5. File a Complaint: You may need to file a complaint with your state’s dental board before filing a lawsuit. This step can lead to disciplinary action against the dentist and may provide additional evidence for your case.
6. File the Lawsuit: If your attorney determines you have a strong case, they will file the lawsuit. This will involve submitting a complaint to the court outlining your allegations and the damages you seek.
7. Engage in Discovery: Both sides will exchange information and evidence during the discovery phase. Your attorney will gather depositions, medical records, and expert testimonies to support your claim.
8. Prepare for Trial or Settlement: Most dental malpractice cases are settled out of court. However, your case may go to trial if a settlement cannot be reached. Your attorney will prepare your case for presentation before a judge or jury.

What Victims Should Not Do Before and During a Dental Malpractice Suit

1. Do Not Ignore Deadlines: Dental malpractice claims are subject to statutes of limitations, which vary by state. Missing these deadlines can prevent you from filing a lawsuit. Consult your attorney about the specific time limits in your jurisdiction.
2. Avoid Discussing the Case on Social Media: Anything you post online can be used against you. Avoid discussing your case or dental issues on social media platforms until your case is resolved.
3. Do Not Attempt to Handle the Case Alone: Dental malpractice cases are complex and require specialized legal knowledge. Attempting to negotiate or file a claim without professional legal assistance can significantly reduce your chances of success.
4. Avoid Signing Anything Without Legal Counsel: The dental practice or insurance company may offer you a settlement. Do not sign any documents or accept any offers without consulting your attorney, as this could waive your rights to pursue further legal action.
5. Don’t Delay Seeking Medical Attention: If you experience complications, seek medical attention immediately. Delaying treatment can worsen your condition and harm your case.

Conclusion

Navigating a dental malpractice lawsuit can be challenging, but understanding who to sue and following the correct steps can make the process more manageable. Always consult a qualified dental malpractice attorney to assess your case and guide you through each step. Taking the right actions and avoiding common pitfalls can help ensure you receive the compensation you deserve for your suffering and losses.

How Malpractice Dental Claims Can Help You

At Malpractice Dental Claims, we specialize in helping victims of dental malpractice. We understand the challenges and frustration of dealing with a failed dental implant, and we are here to help you navigate the complex legal process to seek the compensation you deserve.

Our team will work with dental malpractice experts to build a strong claim on your behalf. We aim to hold negligent professionals accountable and help you recover the costs of corrective treatments, pain and suffering, and other damages.

Remember, we only get paid when you get paid. Call us today at (516)974-3667 or schedule online for a free consultation, and let us help you get the justice and compensation you deserve!

This website is designed for general information only. It should not be construed as formal legal advice or the formation of a lawyer/client relationship.