A viable dental malpractice lawsuit is typically a civil matter. As such, a successful suit brought by a patient will result in monetary damages, rather than criminal liability. The law pertaining to dental malpractice is typically referred to as personal injury law. A personal injury attorney, sometimes called a “P.I. attorney” is a lawyer who handles cases where a person has been physically or emotionally injured.
The body of law that applies to personal injury cases is the law of torts. As a general matter, a tort occurs when someone has breached a duty that he or she owes to another person. Many dental malpractice cases are premised on negligence theory. Negligence liability arises when a person owes a duty to another and he or she breaches that duty, thereby causing damages. As such, the four elements of a negligence cause of action are duty, breach, causation and damages. When a plaintiff is able to establish a prima facie case of negligence, he or she may be awarded monetary damages.
Although this is a simplistic picture of the legal framework, a licensed and qualified dental malpractice lawyer can provide a detailed explanation of the way in which dental malpractice suits are brought and are established.
Despite the fact that many dental malpractice suits are filed in courts around the country, the vast majority of these cases settle outside of court and, in some cases, before trial. The amount of the settlement can vary due to the number of factors affecting the amount of the settlement. The extent of damages or injuries to the patient is a prominent factor. The extent of the dentist’s breach of duty and the dentist’s past performance are also important factors that may have an impact on the amount negotiated for.
Although it is entirely possible for an individual patent to represent him or herself in a dental malpractice action, many people advise against it. The applicable laws may be quite complex. Most laymen have little to no understanding of the law, making self-representation undesirable.
Given that attorneys are so plentiful, there is no excuse for failing to contact a dental malpractice attorney. In many cases, dental malpractice attorneys offer free consultations.
Contact a dental malpractice lawyer today in order to help you ascertain whether or not you have suffered an injury for which the law provides a remedy. If you have suffered some injury because of your dentist’s malpractice, you may be entitled to recover.