If you sustained an injury due to a dentist or oral surgeon’s medical negligence, hiring a medical malpractice attorney with experience in this practice area can benefit you. In the dental field, medical errors and substandard treatment can lead to significant health repercussions and debilitating diseases.
The standard of care that each dentist must adhere to involves administering the same level of care that a reasonable provider would. If a dentist breached this duty and caused you pain, a Lafayette medical malpractice lawyer can help. They can help you hold the negligent dentist accountable and fight for the damages you qualify for.
How We Evaluate Dental Malpractice Cases in Lafayette
To determine whether you have a malpractice lawsuit, a dental malpractice lawyer serving Lafayette reviews each aspect of the case to determine the nature of the harm and if the dentist or oral surgeon is negligent. A personal injury attorney’s first step is conducting a thorough investigation to determine liability.
Proving that the dentist or oral surgeon is responsible for damages is typically the focus of the case. If you were injured in a way that causes health complications, long-term pain, or impairment, an attorney can work to hold the healthcare provider accountable.
However, it is worth noting that the presence of an injury alone cannot win a case. Rather, a dental malpractice suit also accounts for the details of the negligent actions. The dentist must have acted outside the state’s normal professional standard of care to be liable for damages.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientWe Can Handle Your Case from Settlement Negotiations to Trial, If Necessary
While you recover from your injuries, a lawyer with our firm will manage your case. We will take care of everything because you should not have to focus on anything besides healing. Besides investigating the malpractice you suffered, we will also do the following on your behalf:
- Handle all communication with the insurance company, the dentist, and their representatives
- Negotiate a fair settlement with the insurance adjuster
- Take your case to court if the insurance adjuster does not agree to a reasonable payout
- Construct your case with all available evidence, which can include pictures and videos of your injuries and your medical records to prove negligence
- Identify your recoverable damages
- Keep you updated and informed throughout your case
Our medical malpractice lawyers work hard to hold the party responsible for your injuries accountable. You deserve justice and fair compensation to move forward from this preventable event.
We believe victims should not be holding unpaid bills and lost earnings because of an injury they had no role in causing. The negligent party or parties should pay for all related expenses and losses. You could file a medical malpractice lawsuit to recover damages if they don’t.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientDamages You May Be Able to Recover in a Dental Malpractice Case
A dental malpractice victim may be entitled to a plethora of damages. You may be able to recover compensation for the following economic and non-economic damages:
- Pain and suffering
- Mental anguish
- Current and future medical care expenses related to the malpractice
- Lost income due to missing work because of the malpractice
- Diminished earning capacity if you had to take a lower-paying job due to your injuries
- Disfigurement
- Disability
This is not an exhaustive list of damages you may receive. A lawyer from our legal team will give you an idea of the compensation you could seek based on the documentation we gather to prove your expenses and losses.
While some types of damages are easier to value than others, we have more than 350 years of combined experience putting a price on our clients’ claims. This includes future costs, which may require expert testimony to understand ongoing medical needs.
It also includes intangible losses, which have no financial value attached to them. We know the formulas the courts and insurers use and are ready to use them to our advantage. We will accurately calculate your damages before demanding an appropriate payout in your case.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientValuable Evidence in a Dental Malpractice Case in Lafayette, LA
Proving medical malpractice is rarely easy and showing that a dentist or oral surgeon made a mistake or caused a preventable injury is not enough. Mistakes, complications, and unintended issues occur and are all accepted risks of any health care. However, doctors and other trained medical professionals have a certain standard of care they must provide.
To prove malpractice, we need to show:
- The injuries occurred because of the choices or actions the dentist made.
- The dentist did not provide the expected level of care.
Obtaining Expert Witnesses
The most important evidence in these cases is testimony from another doctor or dentist who can speak to the acceptable standard of care. We enlist the help of another medical professional who:
- Has similar training and experience
- Practices in the same geographical area
- Has experience with similar concerns, complaints, or procedures
This doctor or dentist will review the facts of the case and the client’s medical records and testify to what they would have done in the same situation and whether they believe malpractice occurred.
Other evidence will include medical records, witness statements, and documentation of injuries and treatment needs.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientOur Attorneys Can Get to Work Based on Contingency
Not only do we provide free initial consultations, but we represent all clients based on contingency fees. We do not ask anyone to pay for our services upfront or with an hourly charge.
Instead, we receive a percentage of the financial recovery in the case. We do not collect attorney’s fees if we do not get monetary damages for your case.
Our goal is to help you have access to legal representation without taking on the financial risk of a case. We believe that anyone with a strong medical malpractice case should be able to hire a lawyer when they need one.
The Limited Time You Have to File a Dental Malpractice Lawsuit in Louisiana
Like many states, Louisiana has established a limit on the time for filing a lawsuit after an individual has suffered a loss or injury. There are various deadlines depending on the type of lawsuit, when the issue was discovered, and even the defendant’s identity.
For example, the deadline for notifying a government facility about your intent to sue is much shorter than the one to sue an individual practitioner.
Louisiana has a dedicated statute of limitations to file a medical malpractice claim. According to Louisiana laws, you have one year to file a claim against the negligent dentist or oral surgeon that caused your injury.
On the other hand, if you didn’t know about the injury until later, you must file within two years of when you discovered it. A Lafayette dental malpractice attorney can help you ensure that you file your claim on time.
Can I Still Recover Compensation After the Statute of Limitations Passes?
Unfortunately, you cannot receive compensation after the statute of limitations expires. So after the deadline passes, the defendant is no longer liable for your injuries legally. The deadline for filing a claim exists to protect defendants from unfair prosecution and to keep the courts open for new cases.
The time you have to file a claim is much shorter in Louisiana than in other states. Due to the shorter time you have to file, you must get in touch with a lawyer as soon as possible.
Pursue Compensation Today With a Lafayette Dental Malpractice Attorney’s Help
One minor error is all it takes to initiate compounding health problems. If you or a loved one suffered an injury from a negligent dental care provider, seek professional help today and start fighting for the justice you deserve.
Call Laborde Earles or fill out the contact form on our website for a free consultation. Our Lafayette office of dental malpractice lawyers is ready to help you discover the legal options for your potential case.
