If you are seeking help from dental malpractice attorneys in Los Angeles, we can guide and assist you. We have over 50 years of combined experience dealing with these and other medical malpractice issues.
The medical malpractice attorneys in Los Angeles of Lluis law help clients win and get compensation demands. Call now for a free, no obligation consultation.
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The best dental malpractice attorneys in Los Angeles, CA
In order to win a dental malpractice case, it is essential to hire an attorney with experience in the area. Taking on the other party’s law firms or insurance companies is not a beginner’s job.
At Lluis Law we know how to do it and we are also bilingual lawyers. After evaluating your case, we can explain the law and the options available to you in detail. You can contact us by phone or through our social networks.
Our attorneys assist their clients in each stage of the claim or lawsuit process. In this way, you will have nothing to worry about paperwork or waste your time on these tiring matters.
In addition to medical malpractice and dental malpractice attorneys in Los Angeles, we are specialist workers’ compensation attorneys. Our auto accident and Los Angeles injury lawyers can help you recover damages.
We work with contingency fees so you don’t have to worry about making upfront payments.
What is considered dental malpractice?
Dental negligence is incurred when a dental professional does not provide adequate service to their patients. By act or omission, said dental treatment offered does not meet the acceptable standards of the medical community.
The result of such behavior is serious injury to the patient or complications that seriously affect his health.
Some of the damages caused by dental malpractice are the following:
- Loss of teeth due to a defective dental restoration.
- Nerve damage after an implant is misplaced.
- Use of unsterilized tools or defective materials and equipment.
- Lack of adequate and timely diagnosis of lip or oral cavity cancer.
- Infection in the gums, jaw or face due to poorly executed root canals or the placement of implants or dental prostheses.
- Negligent conduct of the dentist in not referring the patient to another specialist if his problem is beyond his reach.
- Deliberately not proceeding with the appropriate treatment for the patient or endangering their health.
- Inappropriate use of anesthesia generated pain in the patient.
What type of dental malpractice compensation am I entitled to?
If you win a dental malpractice case, you could get several types of compensation. The most common benefits after a successful claim are:
- Medical expenses.
- Replacement of teeth.
- Loss of wages.
- Emotional stress.
- Death compensation.
Any claim or lawsuit for medical malpractice or dental malpractice is subject to the California Statute of Limitations . Unlike car accidents (2 years), dental malpractice has a waiting period of one year.
That is the time the patient has to file a claim with the insurance company. If it is done outside of that period, the action will surely not prosper.
At Lluis Law, we always advise our clients to initiate any legal diligence as soon as possible. Thus the chances of recovering damages due to a negligent dentist will increase.
Elements to determine guilt for dental malpractice
To prove the guilt or negligence of a dentist, your attorney will need to prove the following elements of conviction:
Duty of care
The dentist has the obligation to take care of his patients strictly following the appropriate medical protocols. This is the way to proceed in a similar situation as other dental professionals would.
Either to extract or to restore a tooth with decay or split. You are supposed to use proper and sterilized materials and tools. Otherwise, the patient runs the risk of contracting an infection or increasing his ailment.
Breach of protocols
Each job performed by the dentist must follow established professional protocols. For example, if you do not disinfect the tools used in the treatment of another patient, you would be contravening such protocols.
Failure to follow medical protocols can cause injury to a patient. Such injuries can be caused by damage to teeth or infection. If so, the dentist must respond and compensate for such damages.
Due to the negligence of the treating dentist, the patient suffered physical and / or financial damages. The loss of a tooth, an infection or damage to a nerve has consequences for the daily life of the patient.
For example, absence from work and lost wages, undergoing expensive new medical treatments. Rest at home without being able to work or go about your life normally and so on.
Can I sue my dentist?
As long as you can prove the above items, you can sue your dentist for malpractice. For this, it is vital to meet certain requirements and have the appropriate legal advice.
A lawsuit or claim for dental malpractice will allow you to obtain compensation to cover the damages caused. Remember that the help of an experienced dental malpractice attorney is essential in these situations.
Some of the recommendations that we offer to our clients in these cases are:
- File the documents that show that there was a dentist-patient relationship. For example, medical reports, signed and / or stamped prescriptions, paid bills, emails or messages from medical appointments.
- In person or with the help of your lawyer, consult another specialist dentist for an up-to-date diagnosis. It is very important to establish the damages or injuries caused by the negligence of the treating dentist.
- Save paid bills for later filing before the negligent dentist’s insurance or court. Only then is it possible to prove the medical expenses you incurred during treatment and after the injuries occurred.
- Likewise, have work documents that help prove time away from work and lost wages.
Why hire a Los Angeles dental malpractice attorney?
You are entitled to compensation for damages caused by dentists, orthodontists, or oral surgeons. But you will need the help of a professional who will be in charge of preparing the claim or claim and negotiating for you.
Only in this way is it possible to increase the chances of success in these difficult and overwhelming situations. Surely you have wondered about the benefits of hiring a good lawyer. Well, these are some of those benefits in these cases:
- Determine if you have a case based on injuries / damages sustained and available evidence.
- Establish the guilt or negligence of the treating dentist.
- Prepare witnesses and promote the evidence necessary to establish and demonstrate the violation of the code of professional ethics.
- Demonstrate with irrefutable evidence how the violation of professional standards was the direct cause of the damage suffered.
- Assist with the gathering of evidence and the preparation of the claim or lawsuit.
- Be attentive to the evolution of the case, either before the insurance company or in court.
For small dental malpractice cases it is not necessary to hire an attorney. But instead, for a claim for an amount greater than $ 7,500, you may need it.
Waiting time for compensation
We are often asked by our clients: How long will my case take to resolve? The truth is that nobody knows. Just as it can take a few months, it can also take years.
It will depend in any case on the strength of the claim and the opposition offered by the other party to acknowledge their guilt.
From our experience we know that medical or dental malpractice cases are often complicated. What is at stake is money and the reputation of the dental professional or clinic.
So the other party will fight to avoid paying compensation. Insurance companies will try to delay the resolution of the case to make the client tired. And then offer a smaller sum of money to compensate for the damages.
But you and your attorney will know how much is at stake. From experience, a good attorney knows when to settle as well as the value of compensation received in similar cases.
So how much is my case worth?
The value of the claim is established according to the damages caused. When preparing the claim or lawsuit, our attorneys establish an amount of compensation that is subject to negotiation.
To determine this amount it is necessary to evaluate the case in depth. Because not only do the physical damages count but also the psychological damages that dental malpractice can cause.
However, the first consultation with your dental malpractice attorney can determine how much the case might be worth. Of course, this amount may vary as it will have a negotiation margin.
The California Dental Board sets a limit of $ 10,000 in settlement or award cases. So many small cases are settled for a lower amount ($ 9,999) to avoid any malpractice lawsuit.
The limit for noneconomic losses (pain and suffering) in serious dental negligence or death is $ 250,000. But for financial damages for lost wages or earnings and corrective dental treatment, there are no limits.
The important thing is that in the end the compensation that the client receives is fair and covers all the damages.
Malfunction of dental equipment
In addition to dental negligence, there is the possibility of injury or harm to the patient from malfunction of dental equipment. In such a case, the fault may not lie with the dentist but with the manufacturer of the equipment.
The liability for defective products represents other risks for the patient. Product liability lawsuits in these cases are different from dental malpractice.
Sometimes, the responsibility for injuries and / or damages caused to the patient will fall directly on the manufacturer.
When is a manufacturer liable for damages?
The responsibility of the manufacturer arises at the same moment in which it markets and distributes a defective product. Dental product and equipment manufacturing companies are supposed to ensure their safe use.
If a product or equipment does not meet this basic requirement, it is considered unsafe and therefore dangerous to use.
A computer can be defective because:
- It is poorly designed, which prevents it from fulfilling the purpose for which it was produced and from malfunctioning.
- It has factory defects, does not meet the standard and causes accidents.
- Contains faulty labeling or lacks proper usage warnings. For example, risks of poisoning, laceration or injury, suffocation or any other damage.
When a person is injured by using a faulty product, they have the right to file an injury claim. The product liability claim would be against the manufacturer / distributor of the product.
However, if the dentist was aware of equipment or product malfunction and used it, he could also be liable. Using faulty equipment knowing that it can cause injury to a patient is a classic case of medical malpractice.
Our Los Angeles dental malpractice attorneys will evaluate in any case who to sue or even file two separate lawsuits.
What to do to file a claim?
There are several steps to file a claim for dental negligence:
- If the damage caused is serious, you should start by going to the emergency room to avoid further damage.
- Consult another specialist to assess the damage suffered and apply the appropriate medical treatment
- Contact your trusted attorney and ask him to evaluate your case. Do not try to negotiate personally with the other party or with your insurance company.
- Gather as much evidence as possible with your attorney to support the claim. This is bills of expenses, documents evidencing the consultations, medical examinations and diagnoses.
With all the documentation in order, your lawyer will be in charge of presenting the claim or lawsuit on your behalf. Most cases do not go to court because companies (clinics, insurance companies, etc.) prefer to negotiate prior agreements.
Although you must first prove that you have the necessary elements to win a trial. Typically, you will have to deal with insurance adjusters and attorneys for the other party. They will seek by all means to minimize the amount of compensation requested.
If you need to file a lawsuit and / or claim, the Los Angeles dental malpractice attorneys at Lluis Law are at your service. Call us right now or come to our offices in the center of the city. We will evaluate your case and then tell you how to win it.