Most lawyers do not take dental malpractice cases because the routine dental malpractice case is simply too small to justify the expenses. In such cases you might have injuries that total $3,000 to be repaired. To press a case for dental malpractice and prove our case we will have to retain a dental expert.
The typical expense of hiring a dental expert often passes $5,000 and often approaches $10,000. Dental experts are expensive to hire because it is often impossible to find another Utah dentist that is willing to testify at trial against another Utah dentist. Because Utah dentists are not willing to testify we are required to go to other states to find an expert. We typically employ experts from California or Florida.
In a relatively small case you might get a verdict at trial or a settlement of about $10,000. My fee is 33.3% ($3,333) and you would then have to pay back my cost to employ the dental expert (let’s say $5,000) leaving you about $1,700 dollars. That amount of money simply does not justify a dental malpractice case.
Alternatively, I see dental cases that are blatant malpractice. We can often negotiate with the insurer and reach a settlement without needing to engage an expert. In those cases we can reach a quick settlement and terminate the case with fair compensation.
We also see permanent and devastating injury that results from dental malpractice. Sometimes implants are set too deep causing injury to the aveolar nerve. Sometimes mouth reconstruction is poorly performed requiring repeated expense and repeated pain and suffering. Sometimes dental malpractice contributes to the loss of bone or prolonged problems that had the problem been diagnosed and treated timely the resulting loss would have been avoided.
Dental malpractice can result from:
- nerve injuries to the jaw, lip or tongue,
- injuries from too much or poorly monitored anesthesia,
- failure to detect oral cancer,
- failure to diagnose periodontal disease,
- failure to diagnose infection,
- failure of aesthetic procedures – whole mouth reconstruction for example.
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.