Steps to file a Dental Malpractice Lawsuit

Article written by Off and running Real Estate

Accurate dental malpractice information can be difficult to come by when you are faced with filing a dental malpractice lawsuit. Here are a number of steps that will assist you file your dental malpractice lawsuit.

Affidavit – Some states requests that an affidavit should be obtained by a healthcare practitioner before a lawsuit is filed. Speak to your malpractice attorney orange county and clarify if this is necessary.

dentalmal1Filing the complaint – Once your attorney has filed your complaint with the court, the lawsuit will being. The defendant dentist has 20-30 days to respond to the complaint.

Documentation (discovery) – Both parties will then have to exchange documentation such as the patient’s dental records, records of any subsequent treatment, and evidence of the treatment costs incurred by the plaintiff and/or his or her dental insurer. This will process will also include testimony from the plaintiff, the defendant, and any other witnesses, like for example employees in the dentist’s office, and or subsequent treating dentists. Experts can also give testimony at this stage and evaluate the patient’s records.

Settlement – After the discover process, most cases will end up being settled. However, if your case is not settled it will proceed to trial.

Here are some examples of Dental Malpractice lawsuits

Improper extraction of teeth

Failure to diagnose various conditions (like, cancer)

Failure to properly treat complications (like, infection)

Failure to properly supervise/ oversee employees (like, hygienists)

Administering anesthesia incorrectly

Failure to refer to a specialist