Medical malpractice claims can cover a wide range of treatment issues that can include dental procedures. Claims rarely stem from simple extractions or seemingly minor dental problems. However, they do occur regularly and generally include more serious procedures such as multiple tooth extractions, complicated root canals involving certain nerves, and cases of over-application of anesthesia. This even includes death in some instances because of anesthetic miscalculations, and sometimes death due to infections that occur for a variety of reasons. There are several areas of the mouth region where errors can be made, all of which result in different types of dental malpractice claims, including dental and facial repairs following a car accident. Regardless of how a case arises, it is always necessary to retain an experienced San Diego personal injury lawyer with experience in handling dental malpractice claims.
Filing a Claim
The initial notification for a dental malpractice claim is delivered to the dentist who can opt to contact their insurance company or legal counsel. Just as any other personal injury case, the respondent has options in defending the claim. The insurance provider can also deny the claim after an internal investigation of the material case facts. Many malpractice indemnity insurance providers will actually have a legal team that can craft a defense against the claim based on the submitted evidence and any other counter defenses they may find. This effectively begins the negotiation process with the plaintiff San Diego personal injury lawyer, with case negotiations that do not produce a settlement going to court.
Filing a Lawsuit
Claims that cannot be worked out in negotiation can either go to mediation or filed as a lawsuit in court. This is common with dental malpractice claims that are connected to an automobile accident when long-term complications are a component of the total case settlement. Having an aggressive accident attorney can be vital for equitable financial compensation when the damage could result in facial disfigurement or lifetime implications. General damages for pain-and-suffering could result in a maximum claim when part of a car crash issue, and an accident attorney will know how to calculate a maximum damage amount for the dental treatment injury. Cases will then be heard before a jury that will then decide the final case outcome.
Contact a Personal Injury Attorney San Diego
All medical malpractice cases can be difficult and strongly-defended legal actions. Never attempt to handle a claim personally. Always call Brett Geruntino, Esq. at Acclaim Law Group car accident lawyer San Diego.