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How Do I File a Malpractice Claim Against a Dentist?

You may be able to file a malpractice claim against a dentist in the same manner that you would file a malpractice claim against any other type of medical professional.

According to the American Bar Association (ABA), dentists fall under the category of professionals who may be subject to a malpractice claim if:

  • The dentist did not uphold the accepted standards of dentistry.
  • The dentist failed to take precautionary or preventative measures to protect your health or the health of your loved one.
  • The dentist committed acts of negligence that caused harm to you or a loved one.

You may be able to pursue the cost of your malpractice-related damages through a settlement with the insurance company or a court award. If you or a loved one suffered harm through dental malpractice, consider how a lawyer may be able to assist you.

A Lawyer May Be Able to Help You with a Dental Malpractice Claim

A lawyer may be able to assess the details of your case and determine whether you or a loved one was the victim of dental malpractice. Your legal team must be able to prove that the dentist did not uphold the standard of care, which is outlined in the Journal of the American Dental Association (JADA).

Your lawyer may do this by:

  • Consulting experts in the field of dentistry to understand what constitutes the accepted standard of care
  • Comparing your account of the dentist’s alleged malpractice against the industry standard of care
  • Assessing any evidence and documentation that you have to support your claim

If your lawyer believes that you have the basis of a dental malpractice claim or lawsuit, then they may:

  • Collect evidence of negligence, which could include witness accounts, your medical records, and statements from a field consultant
  • Gather expert testimony to support your claim
  • Negotiate for a fair settlement on your behalf
  • Estimate the cost of your malpractice-related damages
  • Review the dentist’s history for other accusations of malpractice
  • Advise you on your legal options
  • File a lawsuit, if necessary

Your lawyer may be able to assist you in ways that we have not included here.

Your Lawyer Can Determine if Dental Malpractice Was Present in Your Case

The way your lawyer handles your case will depend on how you or a loved one suffered harm. Additionally, the nature of the incident could play a role in what damages are recoverable in your case.

Some actions that could constitute dental malpractice include:

  • Misdiagnosing an oral condition
  • Failing to identify and treat an oral condition
  • Ordering an unnecessary procedure
  • Improperly performing a procedure
  • Improperly administering anesthesia
  • Acting in a way that causes a patient to ingest a foreign object (such as a dental tool) during a procedure

It is possible that you or a loved one was harmed in a way that we have not included here. A lawyer may file a malpractice claim against the dentist who you believe is responsible for your losses.

A Lawyer May Be Able to Help You Recover Damages

Your lawyer’s ultimate goal is to recover the cost of your economic and noneconomic damages either through an insurance settlement or a lawsuit.

If your case is successful, then you may be able to recover compensation for:

  • Medical bills, including the cost of corrective procedures to rectify the dentist’s error
  • Lost wages, if you had to take time from work to address you or your loved one’s condition
  • Pain and suffering, which compensates you for the physical pain and emotional suffering of the incident
  • Emotional turmoil, if the dentist’s negligence caused you to develop a mental health condition
  • Disability, if the dentist’s negligence resulted in a long-term health complication

Your lawyer may be able to help you recover damages in addition to those we have not included here.

Call The Cochran Firm – Nashville Today

At The Cochran Firm – Nashville, we want to protect your rights following a dental malpractice incident. Our team may be able to guide you through the financial recovery process and advise you on your options as they become available. When you call us today, you will be connected to a member of our team who may be able to explain how to file a malpractice claim against a dentist.

Our team works on a contingency fee basis. You do not need to pay anything upfront to get our help. We only get paid at the successful conclusion of your case.

To get started with a free, no-obligation consultation, call us today at 615-678-6278.

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