How to File a Dental Malpractice Claim

Dental malpractice occurs when a dental professional’s negligence causes harm, leading to physical, emotional, or financial damage. Understanding the steps involved in filing a claim can help you navigate this challenging situation.

You should first gather all the relevant medical records and evidence of the malpractice. Next, consider speaking with a dental malpractice lawyer who can guide you through the legal process, ensuring your rights are protected and your claim is appropriately managed. A Washington dental malpractice lawyer can provide the knowledge needed to pursue your case effectively.

Identify the Dental Malpractice Incident

You may believe you have suffered from dental malpractice when you start experiencing unusual or unexpected sensations or effects. For example, you may feel improper dental work, such as poorly fitted crowns or bridges. Symptoms may include:

• Severe pain
• Infection
• Nerve damage

Document the specific treatment or procedure that led to these adverse effects. Make a record of what was done and, to your knowledge, how. And see a doctor to treat your current injuries. 

Gather Evidence and Documentation

You will want to start gathering evidence to substantiate your dental malpractice claim. Start by collecting all dental and medical records related to the treatment in question. Secure billing statements and appointment schedules to provide a clear timeline of events and financial impact. 

Additionally, you will need to obtain a medical expert witness testimony, per Washington State Court Rules: Rules of Evidence-Title 7. This statement is from other dental professionals who can offer an expert opinion on the standard of care you received. 

Consult a Dental Malpractice Lawyer

Consulting a dental malpractice lawyer is a crucial step in pursuing your claim. Begin by researching and selecting a lawyer with specific experience in dental malpractice cases. Look for qualifications such as successful case histories and client testimonials. 

Once you have identified a suitable lawyer, schedule a consultation to discuss the details of your case. During this meeting, provide all collected evidence and documentation. You should be prepared to answer questions about the incident as well. They can offer valuable insights and determine the strength of your claim.

Filing Your Dental Malpractice Complaint

Filing the complaint marks the formal start of your dental malpractice case. Your dental malpractice attorney will prepare the necessary legal documents detailing the malpractice incident, evidence, and the damages you have suffered. This comprehensive complaint outlines your claims against the dental professional.

Once the documents are ready, your lawyer will submit the complaint to the appropriate dental board or regulatory authority. This step officially notifies the relevant authorities of your intent to seek redress for the harm caused by the malpractice.

Pre-Trial Procedures for Dental Malpractice

During the discovery phase, both parties exchange relevant information to build their cases. This legal process includes sharing:

• Dental records
• Witness lists
• Expert testimonies

You may need to attend depositions, where you will provide sworn testimony about the incident and its impact on your life. Depositions allow both sides to gather detailed accounts and prepare for trial. Additionally, you will participate in settlement negotiations, where your lawyer and the defendant’s lawyer discuss potential resolutions without going to court. These negotiations aim to reach a fair settlement agreement, potentially avoiding the need for a lengthy trial.

Dental Malpractice Litigation Process

If your dental malpractice case goes to trial, the litigation process begins with your lawyer representing you in court. During the trial, your lawyer will present the collected evidence, including medical records, expert testimonies, and any other relevant documentation. 

Witnesses may be called to testify, providing firsthand accounts of the malpractice and its effects. The goal is to demonstrate the dental professional’s negligence and the resulting harm. Throughout the litigation, your lawyer will advocate for your best interests, aiming to secure a favorable judgment.

Fair Settlement or Court Awarded Judgment

At the conclusion of your dental malpractice case, you may receive a settlement offer from the defendant or a court judgment. Your lawyer will thoroughly review any settlement offer to determine if it adequately compensates for your damages, including medical expenses, pain and suffering, and any long-term impacts. If the settlement is fair, your lawyer will guide you through the acceptance process.

If the offer is insufficient or if you receive a court judgment, your lawyer will discuss the possibility of further legal action, such as filing an appeal. This ensures you make informed decisions that best serve your interests.

Dental Malpractice Post-Trial Actions

If the court’s decision is unfavorable or if there are grounds for further legal action, you can discuss potential appeals with your lawyer. Appeals can address any errors or injustices that occurred during the trial. If you win the case, your lawyer will assist in enforcing the judgment, ensuring that you receive the awarded compensation.

Ongoing Legal Support

Maintain regular communication with your lawyer to address any future legal needs or concerns that may arise. This relationship ensures you have access to legal advice and assistance if complications or new issues emerge. Additionally, follow up on any outstanding matters related to your medical malpractice claim, such as receiving full compensation or addressing any residual legal requirements.

Continuous engagement with your lawyer helps safeguard your interests and ensures all aspects of your case are thoroughly managed.

Statutory Deadlines Affecting Your Dental Malpractice Claim

The statute of limitations is a legal deadline to file your dental malpractice lawsuit. For example, Washington’s dental malpractice statute of limitations is RCW § 4.16.350. This law requires that lawsuits must be filed within three years of the date of the alleged malpractice or within one year of discovering the malpractice, whichever occurs later. 

Understanding these time limits is crucial, as failing to file within the specified period can result in losing the right to pursue a lawsuit. The loss of this right will directly affect your lawyer’s ability to negotiate fairly with the insurance companies. 

Get Legal Help from Jackman Law Firm

Jackman Law Firm can manage your dental malpractice case and offer you legal assistance with your claim. Our legal team works on a contingency basis, meaning you pay nothing unless we win your case. This ensures you have access to top-quality legal representation without upfront costs. 

Call Jackman Law Firm today for a free consultation and let us guide you through every step of the claims process.