How to Win a Dental Malpractice Lawsuit

To win a dental malpractice lawsuit, gather strong evidence, demonstrate negligence, and prove the harm caused by the dental professional. Winning such a case involves understanding the elements of dental malpractice, including the duty of care, breach of that duty, causation, and damages. Essential steps include collecting detailed medical records and expert testimony and documenting all related expenses and injuries. Additionally, understanding which of the statute of limitations will affect your case will be important to protect it.

Each of these elements requires meticulous preparation and a thorough understanding of legal procedures. A Washington dental malpractice lawyer can help guide you through this complex process to obtain compensation for your injuries and losses.

Proving Negligence in a Dental Malpractice Lawsuit

To win a dental malpractice lawsuit, you and your lawyer will need to prove negligence. Negligence occurs when a dental professional fails to meet the accepted standard of care, resulting in harm to the patient. This process involves establishing four key elements. Each of these components must be clearly demonstrated to build a compelling case:

Duty of Care

In a dental malpractice lawsuit, the first step in proving negligence involves establishing the duty of care. Dentists and dental professionals owe their patients a duty to provide care that meets accepted medical standards. This duty ensures that patients receive competent and reasonable treatment.

Breach of Duty

Next, you must demonstrate that the dental professional breached this duty of care. A breach occurs when the dentist’s actions or inactions fall below the accepted standard of care. This might include errors during procedures, misdiagnosis, or failure to obtain informed consent.

Causation

Causation links the breach of duty to the harm suffered by the patient. You must show that the dental professional’s negligence directly caused your injury. This involves demonstrating that the harm would not have occurred if the dentist had provided appropriate care. 

To establish causation, you must show that the dental professional’s actions or inactions directly led to your injuries. This involves:

• Direct connection: Clearly illustrating that the harm would not have occurred if the dental professional had provided the appropriate standard of care.
• Expert testimony: Utilizing dental experts to explain how the negligence directly caused your injuries. Experts can provide a professional opinion on how the breach of duty resulted in harm.

Dental malpractice can occur due to various errors during procedures, misdiagnosis, or failure to obtain informed consent. These errors can lead to significant harm and form the basis of a malpractice lawsuit. Understanding the common types of errors helps in identifying potential negligence in dental care.

Errors during procedures include:

• Improper technique during extractions or root canals
• Use of unsterilized instruments leading to infection
• Incorrect administration of anesthesia causing complications
• Damage to adjacent teeth, nerves, or gums during treatment

A case based on misdiagnosis could be due to:

• Failure to identify oral diseases or conditions, such as cavities, gum disease, or oral cancer
• Incorrect diagnosis leading to unnecessary or harmful treatments
• Delayed diagnosis resulting in worsening of the condition

Finally, you may have suffered harm due to a failure to obtain informed consent. Examples include:

• Not explaining the risks and benefits of a procedure to the patient
• Failing to provide alternative treatment options
• Proceeding with treatment without the patient’s explicit agreement
• Not documenting the consent process properly

These errors can have serious consequences for patients, making it essential to prove negligence and seek compensation for the damages suffered. Recognizing these common errors can help build a strong dental malpractice case and ensure that the responsible parties are held accountable for their actions.

Damages

Finally, you must prove that you suffered actual damages as a result of the breach. Detailed documentation of these damages is crucial for building a strong case. A dental malpractice attorney can quantify the financial impact of the harm caused in your case. The damages you may request include:

• Initial dental treatments
• Corrective procedures and additional treatments
• Hospital bills, medication costs, and rehabilitation expenses
• Future medical expenses for ongoing care or long-term treatment plans
• Income lost during recovery
• Loss of future earning capacity
• Physical pain from injury and treatments
• Emotional distress, anxiety, and depression
• Impact on daily activities and quality of life
• Impact on family relationships
• Loss of companionship and support
• Long-term or permanent changes to appearance or abilities
• Scarring, loss of function, or permanent damage to oral structures
• Travel expenses for medical appointments

By documenting and presenting this evidence, you can effectively demonstrate the harm caused by the dental professional’s negligence. A personal injury lawyer can assist in gathering and organizing this evidence to build a compelling case.

Gathering Evidence to Prove Negligence

To prove negligence in a dental malpractice lawsuit, you need strong and compelling evidence. This evidence must clearly demonstrate that the dental professional’s actions fell below the accepted standard of care and directly caused your injuries. Here are the types of evidence commonly used to prove negligence:

• Medical records: Detailed documentation of your dental treatments, procedures, and follow-up care.
• Expert testimony: Opinions from dental experts who can explain how the standard of care was breached and how it caused harm.
• Photographs: Visual evidence of injuries or poor dental work.
• Treatment plans: Records of recommended treatments versus the actual treatments provided.
• Communication records: Emails, messages, and notes from consultations with the dental professional.
• Billing records: Documentation of additional medical expenses incurred due to the negligent care.
• Personal testimony: Your account of the treatment and how it affected your health and well-being.

Collecting and organizing this evidence is crucial for building a strong case. A dental malpractice lawyer can help you gather the necessary documentation and present it effectively in court.

Statute of Limitations for Dental Malpractice in Washington and Colorado

In Washington, the statute of limitations for dental malpractice cases is three years from the date of the alleged malpractice or one year from the date the injury was discovered or should have been discovered, whichever comes later, per RCW § 4.16.350.

In Colorado, the statute of limitations for dental malpractice cases is two years from the date the malpractice was discovered or should have been discovered under CO. Rev. Stat. § 13-80-102.

Get the Legal Assistance You Deserve for Your Dental Malpractice Case

Call Jackman Law Firm today for a free case consultation. Your legal team can listen and explain your options moving forward.