Frequently Asked Questions and Answers about Dental Malpractice a/k/a Dental Negligence
Q.) Do I need an attorney to assist me if I think I have been the victim of Dental Malpractice or should I just let my dentist try and fix the problem that he or she has created, or just have the dentist refund my money and walk away from the entire dreadful mess?
A.) If you think you have been the victim of Dental Negligence then it is best to seek a second opinion from another dentist and if you are further convinced after this second opinion that the work that the first dentist performed did not rise to the level of the standard of care for that procedure in the industry, then you should seek the advice of legal counsel before you proceed further. If, however, you are experiencing a great deal of pain and discomfort, then you may have the second dentist perform enough work so that you are not uncomfortable. Before this work is performed, however, you will want to make sure that all photos, x-rays, and doctors notes from the first dentist are secure for future reference before you alter the problem.
Q.) What exactly do Dental Malpractice Attorneys do for the victim of Dental Negligence?
A.) The Attorney will take many steps in your case in the evaluation of your case including, but not limited to:
- Send a letter to the dentist demanding that the dentist provide a complete and full copy of all of your dental records, including x-rays, office notes, and anything in her or his possession that relates to your treatment with him or her, and that are in her or his possession, and demand that no records be destroyed.
- We completely review your records and request any missing records;
- We then hire the best dental specialist(s) in the field of dentistry to further review your records and commit to the be our expert(s) in your case;
- We continue to work with the dental expert(s) to determine whether or not there was negligence in your case (i.e. were the injuries that you incurred as result of the dentist’s negligence and, if so, how and why);
- The Attorney(s) and the Expert(s) then work tirelessly to research your case by reviewing every intricate detail of your medical records as well as study dental journals on the topic and any other credible resources to determine a winning strategy for your case;
- All the while, the Lawyer(s) and the Expert(s) are evaluating, studying, and reviewing all the arguments that could me made for the dentist and devise ways to answer those questions as well since they are most likely questions and issues that will come up during settlement negotiations in the case and most certainly at the trial; and
- We will attend all settlement conferences, mediations, and make and review any offers of settlement in your case and discuss these with you along with the pros and cons of going to trial so that you can make the best and most informed decision about whether you would like to settle your case outside of trial and, if so, at what amount, or whether you would like to proceed to trial. Offers of settlement can be made once in a case, many times in a case, or barely at all in case so it is best to keep an open mind and know as much about your own case as possible and listen to your attorney explain the pros and cons to each offer in and of itself, and the pros and cons of going to trial as well.
Q.) Will I receive any assistance in the meantime so that I can get well and recover from these injuries?
A.) Yes, we encourage you to seek all the resources at your disposal to get well and recover from your injuries. The goal in any case is for the injured to recover fully from the injuries sustained, and we will do anything that we can to assist you in this process.
Q.) How do we know whether or not my case is going to trial?
A.) We are never certain whether or not a case will actually go all the way to trial. Unlike many other law firms, however, at Julie A. Rice, Attorney at Law, & Affiliates we prepare all of our cases every step of the way as if the case was going to trial. As such our Dental Malpractice Attorneys always spend countless hours answering and preparing discovery, preparing for depositions, seeking out the opinions of experts, drafting pleadings and motions for the court, and doing all things ancillary thereto in preparation of a winning trial.
Q.) Will I be informed about my case on a regular basis?
A.) For a number or reasons, the most being that we want to see you fully recover from your injuries, we keep in contact with you about your case. If at any time you feel that you need more information or want an updated status of your case, then you may always call on us and we are here to accommodate you and answer your questions or concerns.
Q.) What if my dentist attempts to get ahold of me and tries to pressure me into allowing him or her to remedy my problem?
A.) If your dentist contacts you for any reason whatsoever, then calmly advise your dentist that you have legal counsel and that your dentist should contact his legal counsel who can then contact your legal counsel to discuss any issues that the dentist may have about future treatments. We do not recommend that you ever engage in any conversations with the dentist or the dentist’s insurance company and simply tell them that you are represented by legal counsel and that they may contact your Lawyer if they have any questions, requests, or concerns.
At Julie A. Rice, Attorney at Law, & Affiliates we are sure that you may have these and many more unanswered questions so we encourage you to discuss these with your Dental Malpractice Lawyer at any time so that your mind is at ease and you can focus on the main priority and that is for you to recover from your injuries.