When someone sustains harm due to negligence by a dentist or oral surgeon, hiring a medical malpractice attorney may be a priority. 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 care that a reasonably prudent dentist would if they were placed in the same circumstances. If a dentist were to breach this duty and cause avoidable damage to you, assistance from a Lafayette dental malpractice lawyer can make a difference in ensuring the party at fault is held accountable and that you are able to recover damages.
How We Evaluate Dental Malpractice Cases in Lafayette
In order to determine whether an injured individual is likely to prevail in a dental malpractice lawsuit, a dental malpractice lawyer serving Lafayette could review each aspect of the case to determine what exactly went wrong during the procedure and if negligence was involved. The first step a personal injury attorney would likely take is conducting a thorough investigation to determine liability.
Proving the damages caused by the dentist or oral surgeon is typically the focus of the case. If a patient was injured in a way that causes the victim health complications, long-term pain, or impairment, the attorney can work to hold the provider accountable.
However, it is worth noting that the presence of an injury cannot win a case on its own. Rather, a dental malpractice suit also places the act of negligence under the microscope as well. The dentist must be responsible for acting outside the state’s normal professional standard of care in order to be held liable for damages.
For a free legal consultation with a dental lawyer serving Lafayette, call (337) 777-7777
We 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 dentist, their representatives, and the insurance company
- Negotiate for 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
- Identify your recoverable damages
- Keep you updated and informed throughout your case
We will work to hold the party responsible for your injuries liable. You deserve justice and fair compensation to move forward from this preventable event more comfortably. We believe victims should not be left 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.
Lafayette Dental Lawyer Near Me (337) 777-7777
Damages You May Be Able to Recover in a Dental Malpractice Case
A victim of dental malpractice 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
This is not an exhaustive list of damages you may receive. Your lawyer from our legal team will give you an idea of the amount of 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 100 years of combined experience putting a price on our clients’ claims. This includes their future costs, which may call for expert testimony to understand their ongoing medical needs.
It also includes their intangible losses, which – by their very nature – have no financial value attached to them. We know the formulas the courts and insurers use, though. We will put a fair value on them before demanding an appropriate payout in your case.
Evidence Used to Prove a Dental Malpractice Case in Lafayette, LA
Proving medical malpractice is rarely easy. 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 type of 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 care expected from them
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 the victim’s medical records, witness statements, documentation of their injuries and treatment needs, and more.
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Our 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. If we do not get money damages for the client, we do not collect attorney’s fees.
Our goal is to help you have access to legal representation without taking on the financial risk of a case yourself. We believe that anyone with a strong medical malpractice case should be able to hire a lawyer when they need one.
The Prescriptive Period for Filing a Dental Malpractice Lawsuit in Louisiana
Like many states, Louisiana has established a limit on the amount of time for filing a lawsuit after an individual has suffered a loss or injury. There are various deadlines depending on the lawsuit being filed, when the issue was discovered, and even the identity of the defendant. 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 prescriptive period or statute of limitations for those looking to file a medical malpractice lawsuit. According to Louisiana Revised Statutes (RS) §9:5628, the victim must file their claim within one year of the action that forms the basis of the case.
On the other hand, if the malpractice was not discovered right away, the case must be filed within a year of when it was discovered by the plaintiff. A Lafayette dental malpractice attorney could assist an injured individual by making sure the claim is filed within the prescriptive period.
Pursue Compensation Today With a Lafayette Dental Malpractice Attorney’s Help
One minor error is all it takes to initiate a series of compounding health problems. If you or a loved one suffered an injury from a negligent dental care provider, seek out professional help today and start fighting for the justice you deserve. Call Laborde Earles Injury Lawyers at (337) 777-7777 for a free consultation.