Can You Sue Your Dentist for Lying?
Anyone can sue their dentist if they experience an unsatisfactory dental procedure. To sue your dentist, you need to show that they neglected their dental profession’s standard care. As a result, their negligence led you to an injury. Getting a malpractice attorney is the best solution to know if you have a strong claim.
How to Know If You Should Sue Your Dentist
Explore dental malpractice claims if your dentist deceived you into doing a wrong procedure or one you had no consent over. Sue your dentist if they cause you an injury you did not expect and one that causes you severe damage. Before spending your money on an attorney, explore opinions from other dentists.
Can You Sue Your Dentist If You Have Evidence?
Suing your dentist can only work if you prove the elements of a dental malpractice lawsuit. Having a narration about how your dentist lied and manipulated you is not enough. For example, your dentist can lie about the state of your dental health. You may believe that you need your bridge redone. They may go ahead with the procedure. Another expert may later tell you the approach was unnecessary. You may need to get evidence of your dental records to sue them.
There are dental offices that refrain from releasing such information. An excellent attorney should compel the release of the evidence your case needs.
Elements of Dental Malpractice Lawsuit
For your case to be successful, you or your attorney needs to establish:
The evidence of a dentist-patient relationship existence.
The appropriate medical care standards under the circumstances.
How a medical-standard breach occurred and how it harmed the plaintiff.
The extent and nature of your injury.
Steps to File a Dental Malpractice Lawsuit
Filing a dental malpractice lawsuit is beneficial in some states with a favorable ruling from the state board of dentistry. Your attorney should be familiar with any procedural requirements before taking the case to court.
The lawsuit begins once the complaint or pleading has been filed with the court. The dentist you are suing should have 20 to 30 days to respond to the filed complaint.
The parties then exchange discovery. The exchange involves documentation, such as evidence of treatment costs. Testimonies from the plaintiff, fact witnesses, or the defendant are also part of discovery. The court also takes expert testimonies. Expert witnesses can be professionals who evaluate the financial harm you have undergone. They can also be dentists who check your patient records.
Most cases end up settling away from court. But if your case does not and the court does not dismiss it, the claim will proceed to trial.
What Is Successful Dental Malpractice Suit?
If you experience a minor injury, filing a lawsuit is not worth it. Successful dental malpractice suits are those where the patient suffers severe damage. The results could lead to hospitalization or death. While you may think that a dentist’s malpractice may not pose a risk to your life, the dangers are real. If the procedure goes wrong, you can suffer osteomyelitis, infections, abscesses, or death.
For more about dental malpractice lawsuits, visit Arizona Dental Law Group at our office in Scottsdale, Arizona. You can also call (602) 833-4200 to book an appointment today.