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What Does a Dental Malpractice Attorney Do?

Legally Reviewed and Edited by: Terry Cochran

When a visit to your dentist or other dental professional results in injury or other problematic conditions, seeking out the advice of a dental malpractice attorney is the best way to recover necessary compensation.

A dental malpractice attorney specializes in personal injury law and knows how to proceed with claims involving healthcare-related professionals. These cases can quickly become complicated because of the medical terminology, extensive health record review, compensation determinations, and proving how negligence is involved.

Both legal and medical expertise is essential to ensure you recover deserved damages in these types of cases. Attorneys specializing in malpractice at Cochran, Kroll & Associates, P.C., can review your claim and find the best solution for your situation.

Dental malpractice attorneys can help with all aspects of your case, from analyzing medical records to establishing negligence in court.

Compile and Analyze Medical Records

The attorney-client relationship ensures confidentiality. Because of this, you can feel comfortable allowing your dental malpractice attorney to compile and thoroughly analyze your medical records. These records may be extensive and include blood test results, X-rays, and other procedural reports.

Dental Malpractice Attorney

Consult With Medical Personnel and Experts

Your attorney consults with established medical experts, medical personnel, and any other third parties necessary to gain a complete understanding of your injury or condition. They can use medical expert depositions, reports, case theories, and testimony to aid your case.

Medical research is an essential aspect of your case and essential for cases with extensive damages, including:

  • Oral surgery mistakes, including nerve damage
  • Misdiagnoses, often concerning throat and oral disease, including cancers
  • Anesthesia errors during dental work
  • Delays or failure to diagnose and treat conditions (i.e., gum disease) during the course of dental care

A law firm experienced with dental malpractice cases maintains access to medical expert witnesses and knows what is needed to successfully win your case. They may even schedule an independent medical examination for you to add an objective evaluation to your lawsuit.

Establish Negligence Requirements

Dental malpractice concerns professional misconduct involving negligence by a dental professional. This negligence can occur on the part of the dentist, other dental professionals, such as a periodontist or oral surgeon, and dental technicians or assistants.

To establish dental negligence in Michigan, your personal injury attorney will need to prove the following four elements.

  • The dental professional had a “duty of care” to a patient. The most common way to prove this is by establishing that the injured party was a patient of the dental professional at the time of injury. Every time a dental professional performs a procedure or treatment, a legal duty of care is required to the patient, meaning the dentist must follow an established acceptable standard of care at all times.
  • The dental professional failed to provide this duty of care. A dental malpractice attorney will show that the established duty of care was breached by the negligent actions of the dental professional.
  • The dental patient’s injury is a result of this breach of duty of care. Your attorney will establish a causal connection between the injury and the breach.
  • The patient suffered a serious injury as a result of the dental professional’s breach. Your attorney can use their analysis of your medical records and consultations with medical experts to prove this.

Determine Types of Compensation to Seek

Once your attorney reviews the medical information and proves each of the elements of negligence, determination of the types of compensation to seek comes next. In Michigan medical malpractice cases, the most common requests for compensation include:

  • Medical expenses, past and future
  • Lost wages
  • Physical and mental pain and suffering

While there are often caps on the amount of compensation you can seek, an experienced dental malpractice attorney will request the maximum amounts possible.

Negotiates With Insurance Companies

Settlements are common in dental malpractice claims, so expect your attorney to work diligently in negotiating with the involved insurance companies. If the parties cannot reach an acceptable settlement, your dental malpractice attorney litigates your case in court to get you the compensation you deserve.

Files a Wrongful Death Lawsuit if Required

Sometimes, death can occur as a result of dental malpractice. If this happens to a loved one, filing a wrongful death lawsuit won’t bring them back, but it will provide you with a way to face financial hardship and achieve justice for them.

Contact Your Michigan Dental Malpractice Attorney Today

If you suffer from injuries after a negligent dental procedure, filing a timely dental malpractice lawsuit is imperative to receive deserved compensation. Michigan law, in most instances, allows only a two-year statute of limitations on dental malpractice cases, so don’t delay.

Contact our office at 866-MICH-LAW to get started with a free consultation. Hiring an experienced dental malpractice attorney at Cochran, Kroll & Associates, P.C., ensures your claim receives the attention and dedication it deserves to reach a successful conclusion.

Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.

Emily is a writer and legal professional with experience as a law firm paralegal and non-profit legal administrator. Prior to her legal career, Emily earned her Bachelor's Degree in International Affairs and worked with a government consulting group out of Washington, D.C. Today she splits her time between the Florida coast and the North Carolina mountains.



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