Dentists in the U.S. can be sued for malpractice if they do not provide an acceptable standard of care.If you suffer an injury as a result of the dentist's carelessness, or if they leave a broken instrument in your mouth, this could happen.Malpractice suits are complex, and specific rules may vary depending on the state where you live.Before you can file a malpractice lawsuit in most states, you must participate in mediation.
Step 1: Call your dentist.
You should talk to your dentist about what happened.They might be able to give you a better idea of what went wrong.Additional services may be offered to remedy your problem.Some states require you to work directly with your dentist before taking additional steps.It's more efficient to give your dentist an opportunity to address the problem if it isn't required by state law.If you don't feel comfortable talking to your dentist, you may want to get a friend or family member to contact them on your behalf.Privacy reasons may limit the information the dentist can give.
Step 2: A dentist will examine you.
A dentist's standard of care is based on what a reasonable dentist would do.Do you know if your malpractice claim has merit?You have to provide a certificate of merit from another dentist before you can file a dental malpractice lawsuit.Even if your state doesn't require a certificate, you still need dentists to testify about the treatment and your dentist's standard of care.You should look for a dentist in your area who is the same type of dentist as the one who treated your problem.If you're considering suing for malpractice, your second dentist should also be a general dentist.
Step 3: You should gather documents to support your claim.
If you want to prove a malpractice case, you have to show that the dentist didn't provide the right standard of care.It must have caused injuries that cost you money or caused you pain.You should create a file with all the information you have about your dental treatment.If you want to establish your dental history, you should include bills from previous appointments with the same dentist.You should keep receipts of any expenses you incurred as a result of the injury.If you had to cancel a presentation because you couldn't speak due to jaw pain, you would have lost sales or income.Contact the dental licensing board or regulatory authority in your state and ask for documentation on treatment protocols relevant to the procedure that caused your injury.You can use these to understand and establish the dentist's standard of care.
Step 4: Check your state's statute of limitations.
The deadline for filing a lawsuit is the statute of limitations.The deadline for dental malpractice is calculated from the date of the injury.For personal injury cases, deadlines can be shorter than for malpractice lawsuits.You have about 1 to 2 years to file a lawsuit.If you had no way of knowing about the injury, you may have more time to file.A malpractice attorney will be able to tell you how long you have.
Step 5: An attorney with experience in dental malpractice should be consulted.
Malpractice is a complex field of law, and the dentist is guaranteed to have an attorney.The best possible outcome is ensured by an attorney with experience in dental malpractice cases.There is a free initial consultation provided by most malpractice attorneys.If you shop around and interview several attorneys, you can make an informed choice.If you win your case, you won't have to pay your attorney.If you win your case, your attorney will take a percentage of your award or settlement amount.
Step 6: Do you want an attorney to represent you in mediation?
In mediation, you and your dentist sit down with a neutral third party to try to resolve your dispute outside of court.It is advisable to have an attorney for this process.Most court rules of evidence and procedure don't apply to mediation.It might be easier for you to represent yourself.You may be at a disadvantage if you have an attorney at your dentist's office.The mediation will try to level the playing field, but they are not your attorney and don't represent your interests.
Step 7: You can request mediation through the court.
Most states require mediation before you can file a malpractice lawsuit.Each state has a system for appointing neutral mediators.If you go through the court system, they typically have a form for you to fill out that identifies you and your dentist and describes your claim in general terms.The court appoints a mediator based on the information in your form.The court tells you who the mediator is and how to contact them.
Step 8: If you are using a private mediation, submit notice.
It's possible that your attorney uses a particular mediation service that they prefer to use in the court system.Most states allow this if you notify the court of your use of the service.If you don't want to use an attorney in the mediation process, a court-appointed mediator is the most cost-effective option.Private mediation may cost you hundreds of dollars, but court-appointed mediators don't charge for their services.
Step 9: The conference should be arranged with the mediation.
You'll usually have a conference call with your dentist and attorney after you've identified your mediator.The mediation process is explained during this call.You may be required to submit a written summary of your claim if you believe you're entitled.The time and place of your mediation hearing will be set by the mediator.
Step 10: You should prepare documents and information to support your position.
You should make copies of the documents you gathered.Use these documents to support your claim if you have to submit a written statement or memo.You may not get the original documents back if you submit them to the mediation.You should organize your documents in chronological order.It is possible to create a basic timeline with specific dates, starting when the injury occurred or immediately before.
Step 11: Attend the mediation hearing.
While mediation is not as formal as court, you should still dress conservatively and respectfully.You should arrive at the mediation location early with copies of all of your documents.The mediation will usually include a meeting with all parties and a discussion of some ground rules.You could be separated.The mediation will try to facilitate a resolution to your claim between you and your dentist.The details of the settlement will be discussed if you reach an agreement.If you don't think the dentist's offer is adequate for the injury you suffered, you can reject it.If you have an attorney, they can tell you whether or not to accept a settlement.The final decision rests with you.
Step 12: The correct court should be identified.
The general state civil court located in the same county as your dentist's office is where you'll file your malpractice lawsuit.Some states have courts that only handle malpractice cases.If you haven't already hired an attorney, you should look for someone who has practiced in the court where you plan to file your lawsuit.They will be more familiar with the court procedures and staff than an attorney who practices in different courts.
Step 13: Make a complaint.
The court document that starts your case is your complaint.You and your dentist are identified and the basic elements of your claim are laid out.You don't need to provide any evidence to support your claims.Your attorney will check the complaint with you to make sure everything is correct.Depending on your state's law, there may be a certificate of merit from another dentist who examined you, or a statement from the mediation if mandatory mediation is required.
Step 14: You can file your complaint.
The clerk of the court will hear your lawsuit.If you have a contingency fee agreement with your attorney, they will usually pay these fees and add them to their costs.You will usually get a file-stamped copy of the complaint from your attorney.If you have other original documents related to the case, make sure you keep your copy in a safe place.The complaint must be served on the dentist.The court papers are delivered to the dentist by a sheriff's deputy or private process server.
Step 15: Evaluate your dentist's answer.
Your dentist has a limited amount of time to respond to your complaint.Depending on your state's law, the amount of time they have is usually 2 or 3 weeks.Your attorney will receive a copy of the answer.There is a motion to dismiss with the answer.If your dentist doesn't think your complaint establishes a legitimate claim, they'll ask the court to dismiss it.If the statute of limitations has already expired or if you filed in the wrong court, a lawsuit may be dismissed.The dentist's response will be reviewed by your attorney.Depending on the nature of the dentist's response, you may have to file additional documents with the court or attend court hearings.
Step 16: The discovery process allows for the exchange of documents.
It is possible for you and your dentist to find additional information about each other's positions.During discovery, you'll typically have several interviews.Your attorney will schedule a deposition with your dentist, as well as any dental hygienists or other staff who were present during your treatment.You will be deposed by your dentist's attorney.You will usually need other dentists to serve as expert witnesses.If you are going to call other dentists as expert witnesses, your dentist's attorney will want to interview them.
Step 17: Prepare for the trial by working with your attorney.
It can take months for the discovery process to be completed.Many malpractice lawsuits are settled out of court during that time.When discovery is complete, your attorney will begin trial preparation if you don't reach a settlement with your dentist.procedural issues associated with the trial can be handled by your attorney and the judge.You will be prepared to take the witness stand and answer questions about your injury and treatment.