7 Tips for Filing a Claim of Dental Malpractice


It’s estimated that over 4 million people wear braces in the United States, and one out of four people are adults. If you’re an adult with braces, you visit the dentist more often than other adults. Unfortunately, frequent dental visits also put you at risk of dental malpractice. Fortunately, there are things you can do to help you file a claim for malpractice if you are a victim. Below are some things to consider when filing your malpractice suit in a court of law.

Find a Good Lawyer

Consider getting a lawyer’s help if you’re unfamiliar with filing a dental malpractice claim. If you’re interested in getting help from a lawyer, consider asking for personal referrals to help you in your dental malpractice case. Remember that roughly 80% of jobs aren’t listed online, and most lawyers will get clients from other referrals.

Document Evidence For the Entire Family

One out of three orthodontic patients are adults, and two out of every three are children. If you’re the victim of dental malpractice, there’s a big possibility your children might also be victims. Consider gathering evidence that helps present your and your children’s cases in front of a court of law. If the same dentist injured more people and you can prove this in court, you can gather evidence that leads to legal consequences for this dentist.

Gather Evidence with Help From a Lawyer

It’s essential to have strong evidence if you want to win your dental malpractice case. Gather as much evidence as you can, and make sure to keep track of any expenses related to the case. Hiring a lawyer will also increase your chances of winning, so consider doing that if you can afford it. With the right evidence and lawyer, you should be able to win your case and get the compensation you deserve. Your lawyer can help you gather evidence such as medical records, bills, and testimony from witnesses.

Don’t Be intimidated by the Dentist’s Lawyer

The dentist’s lawyer may try to intimidate you, but don’t be discouraged. Remember that you have a right to compensation if you’ve been injured due to dental malpractice. Stand your ground and don’t let the dentist’s lawyer bully you into accepting a lower settlement than you deserve.

File Your Claim in the Right Court

You’ll need to file your dental malpractice claim in the proper court to have a chance of winning. The first step is to determine if your state has specific laws regarding dental malpractice cases. If so, you’ll need to file your case in that state. Many states have a statute of limitations for filing dental malpractice cases, so make sure you file yours in time.

Document Opinions of Other Dentists

You’ll need to show that the dentist in question deviated from the standard of care or broke the law to win your case. One way to do this is to get opinions from other dentists about the standard of care and whether or not the dentist in question met it. These opinions can be used as evidence in court. You can also hire an expert dentist to testify on your behalf. The testimony of an expertly trained dentist can help prove that your dentist botched your dental work or treatment.

Prove Damages

You’ll need to show that you suffered damages due to dental malpractice to win your case in a court of law. These damages can be physical, emotional, or financial. Physical damages might include pain and suffering, while emotional damages might include anxiety and depression. Financial damages might include lost wages or medical bills. You’ll need to have evidence to back up your claims of damages.

If you’re the victim of dental malpractice, don’t hesitate to get help from a lawyer and file your case in court. With the right evidence, you should be able to win your case and get the compensation you deserve for yourself and your family. Consider these factors when filing a dental malpractice claim.