You often hear a lot about doctors and malpractice lawsuits, but what about dentists? Dental malpractice is more common than you think. The causes can range from pulling the wrong teeth or failure to treat an oral disease properly to failing to refer you to a specialist when needed or performing a procedure without your consent. But you can't just file a lawsuit without certain types of proof that something went wrong. What it takes to file this kind of lawsuit varies from state to state, but here's a basic look at what your attorney needs for a dental malpractice lawsuit.
Proof That You Were a Patient
The first thing you must do before filing a dental malpractice lawsuit is to establish proof that you were a patient of that dentist or other dental professional, such as an oral surgeon or orthodontist. Typically, this is the easiest step of the process. In most cases, you can ask for a copy of your dental records, to which you have a legal right. Dental and medical records are considered legal records. It's best to request the records in writing so that you have proof of your request. Obtaining the copy is usually free, although you may have to pay a fee if you want to receive it by mail. You may receive the records by mail, in person, or electronically.
Standards for the Type of Care You Received
Next, you must define the standards of care that you were supposed to receive when you visited your dental professional. This is the reasonable amount, level, and type of care that you would have received had you visited another dental professional. For the most part, your attorney will help you establish this. They'll hire an expert witness, which is usually a dental professional who provides the same type of care. The witness will describe the procedure in detail to establish the proper way to do it so that your attorney can compare it to what happened to you.
Expert Testimony Related to That Standard of Care
Proving that the dental professional breached traditional medical standards can be the trickiest part of your lawsuit. Again, your attorney may help you with this part of it by hiring expert dental professionals to provide testimony. You may also need to seek additional medical exams to prove that your dental professional injured you or caused a condition to get worse. Some states may require an affidavit written by a healthcare provider or some sort of confirmation from their state dentistry board that malpractice occurred. In some cases, other witnesses may help provide testimony, such as another employee at your dentist's office.
The severity of your injury or condition will also likely come into play here. The results of dental malpractice can range from a little bit of pain and swelling to something more serious, such as cardiac arrest, stroke, and death. The more severe it is, the more likely you are to have a case worth pursuing.
