How to Prove Dental Malpractice

Being injured by a doctor or dentist that you trusted is a horrible experience. You went in to see your dentist because you needed help. You certainly didn’t expect to be harmed in the process. Certain circumstances can allow you to hold a negligent dentist accountable for their actions, and you can be compensated for your losses.

In order to reach your end goal of obtaining monetary recompense, you’ll need to know how to prove dental malpractice. Unless you prove your case, you won’t be able to receive a settlement or award.

Investigating Your Malpractice Case

There are many things you must do in Florida in order to prove medical malpractice. There are also many rules that you will need to follow if you hope to end up with a settlement.

For example, Florida has pre-suit requirements that you must complete before you can sue for dental malpractice. One of the requirements is that you must notify the medical provider of your intent to sue.

This requirement gives the medical provider an opportunity to investigate your claim and see whether malpractice occurred. The dental practitioner can then offer you a settlement if they agree that you have a case.

You can also begin investigations of your own. If you do end up going to court, you will be required to provide medical expert testimony as a way to prove your case. The medical expert will need to prove two things: that the dental care you received was subpar, and that you were harmed and sustained damages because of it.

The Importance of Evidence and Meeting Time Frames

Dental malpractice cases are different than other types of personal injury cases. Proving the malpractice isn’t as simple as showing that you were hurt. It must be proven that the dentist hurt you because of poor treatment.

Remember, you have a time frame that you must meet in order to file a claim. The time frame is known as the Florida statute of limitations, and for most malpractice cases, you have two years from the date of the malpractice injury to file your claim. There are some exceptions, but it’s best to be on the safe side.

Seek Legal Help with Your Dental Malpractice Case

Now you know a little more about how to prove dental malpractice, but it’s really not possible for you to handle a claim of this sort without legal help. Get in touch with The Law Offices of Casey D. Shomo to go over your case for free today. Call 561-659-6366 or fill out the online contact form located below.