In every dental malpractice case, we must prove a number of things.

The first thing we have to prove is what the law calls liability. Liability means that the dentist caused the injury by committing a careless act or failing to act responsibly We can prove liability in a number of ways including eyewitness testimony, pictures and by using expert witnesses. In every case of dental malpractice, we need to prove that the dentist did not follow the accepted standard of care. In other words we must prove that the dentist deviated from what is accepted practice.

We also have to prove that you have what the law calls damages. Damages are harms and losses – both tangible and intangible. There are financial harms (past and future lost income, past and future medical costs), pain and suffering and emotional damages. We can prove damages with documents and witness testimony showing the lost income and the medical bills. We can prove the pain and suffering by testimony of witnesses and showing the jury the actual pain and suffering you endure. We can prove emotional damages from the testimony of expert witnesses such as psychologists and psychiatrists.

We also have to prove what the law calls causation. Causation simply means that what the dentist did or did not do (deviation from the standard of care) caused your injuries. Often insurance companies will claim that some other reason apart from what the dentist did or did not do caused your damages. Often insurance companies will claim that you were hurt but not nearly as much as you are claiming. Sometimes the insurance companies will claim that your injuries were already present at the time of the malpractice (preexisting) and you are simply lying. Our job, as your attorney is to show the jury the link between the dental malpractice and your damages. We do this through witness testimony and documents. We always hire experts to prove that the deviation from the standard of care caused your injuries.

This is all we need to determine if you have a case. We have to prove that the dentist caused the injury (liability), that you suffered harms and losses (damages) and that the deviation from the standard of care caused your damages (causation). That might be all we need to prove but in order to have a successful case there is one more very important thing we need.

The dentist who is responsible for the injury must have money to pay. That usually means that the dentist committing malpractice has good insurance coverage. Even if there is no insurance coverage a good dental malpractice attorney will have the means to investigate to see if the dentist who caused the injury has any assets that might be seized to make payment. Almost all dentists carry adequate professional malpractice insurance.

If you need help in your dental malpractice case we are ready to provide you the assistance you need. Remember – there is never any fee until we get money for you. Call us for a free consultation at 801-487-6454 or toll free at 800-953-4811. You can also fill out the e-mail form and we will contact you as soon as possible.