Blog submitted by Dane Levy, Attorney of Dentalmal.com, a provider of legal services for those injured by dental malpractice in California
If your dentist has been dangerously negligent during their appointments with you, you might be thinking of suing them. Bringing a dental malpractice case forward can be an expensive and time-consuming task. It is wise to make sure you actually have a chance of winning the case before suing your dentist, and it is equally important to make sure you don’t make any crucial mistakes when assessing your situation for signs of dental malpractice. Here are a few things you should avoid before contacting an attorney:
Waiting too long
In California, there is a statute of limitations for dental malpractice cases, which means that victims must file their lawsuits “within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury” or else their case will not be valid. Furthermore, if more than three years have passed since the dental malpractice happened, you will not be able to file a lawsuit either.
Not knowing the correct standard of care
There are instances where a patient might have suffered injuries or damages from a dentist’s conduct, but other dentists in the community would have acted the same way under the same circumstances. If a plaintiff cannot prove that a dentist’s actions were ill advised compared to what other dentists would have done, they will have a hard time winning the case.
Not showing adequate damages
Even if your dentist treated you in a reckless, dangerous manner, you do not have a valid dental malpractice case if their conduct did not result in any injuries or damages. According to the law, you must be able to show exactly how your dentist harmed you to sue for dental malpractice.
If your situation is free from all of these problems, you have a chance to win a dental malpractice case. Dane Levy is a dental malpractice attorney in California with a history of winning big cases. Contact him for more details.