How Can I Sue a Dentist?
- 1). Research how the dental industry is structured in your state. Find out whether the dental licensing board is responsible for regulation in your state, or whether the medical board supervises the dental industry. Once you find out this information, you will know what entity is designated to hear your initial complaint. Have your entire account of the incident (for your attorney) outlined in a detailed summary. Include only the pertinent facts as they relate to your claim.
- 2). Act fast. In malpractice cases, there is usually a statute of limitations; this will vary depending on the state. You don't want to find out that you had three years to file a claim, and waited too long to do so.
- 3). Contact a lawyer. While it is not necessary to employ a lawyer to file a dental malpractice suit, malpractice claims are difficult to prove and need legal/medical validation. Severe nerve damage is a common dental malpractice claim. Since your claim will likely need medical verification, a malpractice attorney is best suited to evaluate your case (see Resources). This will help you determine whether you have a worthwhile claim, early on.
- 4). Get a second opinion. If you are using an attorney, he will likely have you visit a separate dentist, or other medical professional, for a second opinion --- if he feels your claim has merit. It will be up to you to schedule and keep any medical-related appointments.
- 5). File your claim. Once you have received an acceptable medical evaluation confirming that malpractice seems to indeed be the cause of your injury, your attorney will dictate whom to pursue for remedy in the action. The legal decisions should ultimately be left up to the legal professional.
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