For you to have a viable claim, your injury must be directly attributable to the dental malpractice of the dentist who treated you. You can pursue a claim for damages if you think that the dentist’s negligence and incompetence resulted in the damages you suffered. As the one claiming, the burden of proof will fall on you. This means that you must prove that the dentist was indeed negligent or incompetent.
The first thing that you should do when filing a dental malpractice case is to secure every document that will provide evidence for your claim. Ask your dentist for the records and results of every examination he did on you. These will be easy to obtain as, after all, these records belong to you and you should have copies of them. It will also be of immense help if you get another dentist’s opinion in proving your claim. A written statement from another dentist will verify the details of the nerve damage you went through and can outline where the dentist treating you was negligent.
If you are insured, you should review your insurance policy and check if the injuries you suffered as a result of the dental malpractice are covered under your policy. Contact your insurance company at once and let them know your injuries and how they occurred. Timely disclosure about the pain your going through is an important stipulation in most (if not all) insurance policies.
Next, you should consider hiring a personal injury lawyer who specializes in dental malpractice claims. As the laws about dental malpractice vary from state to state, working with a dental malpractice attorney can make the entire process much easier and stress free as a dental malpractice lawyer will scrutinize the statutes that are applicable to your prospective claim and provide you with advice and guidance on how to approach your claim.
Your attorney can examine all the facts of your case and will help you decide if it is a good idea to pursue a dental malpractice lawsuit. If you decide to pursue a dental malpractice claim, your personal injury lawyer will use all their skill and expertise to ensure you receive a fair and just amount of compensation for you injuries.
Please follow this link to return to Personal Injury F.A.Q's