Should I Sue For Dental Malpractice

Woodland Hills, CA ( Freeukpressrelease ) March 30, 2012 – With the rising costs of insuring against dental malpractice, dentists are charging more than ever before to perform even the most routine procedures. Trouble arises when a consumers sits in his dentist’s chair to have something more complicated done. Complicated work such as root canal or pulling teeth can lead to complex problems, and clients are sometimes left in a lot of pain, or face the devastation of facial disfigurement. These consequences affect every aspect of life.

Lawyers provide a great deal of direction to afflicted individuals. Robert McCulloch, for example, suggests that clients ask themselves simple questions: Did I speak directly to my dentist about the problem, or even email him expressing my concerns? Did I sign a waiver? If you did contact your dentists and did not sign a waiver but the dentist refuses to compensate you, then you could have a reason to sue if your claims are genuine and substantial enough to be justified financially.

Not all cases go to trial, however. While a percentage will be settled out of court, some situations can often be resolved in small claims court, if the dentist will not settle, says McCulloch. When there is permanent damage involved, such as injury to nerves or the loss of a tooth, then the situation changes. Unless a culpable dentist will provide a substantial figure to pay for recurring treatment, pain management, and emotional losses, you might have tocontact a dental malpractice attorney.

Before you choose a lawyer, there are a few important questions to ask each candidate. As McCulloch points out, the insurance company will hire an experienced dental malpractice defense attorney. The insurance company’s job is to win and avoid the costs of losing a law suit. Your attorney has to be at least as good as theirs, so ask each legal professional why he would be the best person for the job. Has he had experience handling legal issues of this nature? If so, how much of his practice focuses on this area of law, and for how long has this been the case? What is his success rate? Has this lawyer worked for the other side before, giving him insight into the way the insurance company’s lawyer will pursue a verdict in their favor? Your answers, no matter how reassuring, are no guarantee that you will win your case, but they will provide a platform from which to select an experienced and reliable professional you can work with. Remember, this is a long process, so you are going to have to choose well.

Check the credentials of a malpractice lawyer and it could be that he is able to act as a mediator, not just an attorney. A mediator will help both parties to come to a reasonable agreement without going to court, and since trials are expensive, many times this can be a win-win scenariofor everyone involved.