Dental Malpractice
Florida Dental Malpractice Lawyers are a rare breed. Even the lawyers who accept medical malpractice often have little to no experience in dental malpractice. If you look carefully, there are several good and experienced dental malpractice lawyers in Florida, so even though you are reading this from my website, you should not be discouraged in your seeking an experienced attorney in this area of law.
I have tried and won dental malpractice cases in the solid six figures, and I have successfully prosecuted and obtained fair settlements both in and out of court in dental malpractice cases.
Right now in Florida, in my humble opinion many potential dental malpractice claims have an uphill battle.
This is because:
There are only about 5-6 dental malpractice insurance companies presently providing insurance coverage for Dental Malpractice in Florida and 2-3 of them have a no-holds barred no-settlement tactic.
Not only do these 2-3 companies have this claims tactic, but I estimate that about 80% of the Florida dental malpractice market is covered by these 2-3 insurance companies. The effect of this is that lawyers who accept a dental malpractice case can and should expect to spend maximum time and cost money on each case. Also, the client who is victimized by malpractice should expect to have to go all the way to a jury trial in many cases.
Many insurance policies give the dentist him or herself the right to reject a settlement you may offer. Why would a dentist want to do that?
Because in Florida, the dentist does not want a record of having settled a claim, it could affect his or her licensure or reputation, and also future insurability. Not to mention that these professionals take being sued quite personally. They often have above average Florida attorneys representing them, and it is often very easy for them to find highly respected and qualified fellow dental experts to defend them in court.
In Orlando, Tampa, Fort Lauderdale, Ft. Myers or elsewhere in Florida, the mix of persons who are likely to make up the jury needs to be considered. Some places in Florida have a well deserved reputation for coming back with verdicts in favor of the dentist. Your Florida dental malpractice lawyer should be able to figure this added risk into the mix of risks as part of his or her evaluation of the negligence claim.
Oral and maxillofacial injury, endodontic malpractice, oral surgeons and tmj specialists have been among the variety of dentists I have brought dental negligence claims against for my clients.
Another reason is that dental malpractice cases are usually not so easy to figure out value for. Unlike a missing arm, a broken leg or a back surgery, the data about dental malpractice jury verdict and settlement values is harder to come by. Each case is more unique.
Lastly, for significant procedures, such as root canal, implant, bone graft etc. there is usually a consent or release signed which lists broad complications and while usually a good lawyer can dance around the legal issues, sometimes the case can be lost due to the injury being considered a complication.
Are you a smoker? Did you keep all your dental appointments? Did your implant fail? Severe infection and gum loss?
These are typical scenarios I see often in my practice and I am sure other Florida Dental Malpractice Lawyers also are familiar with.
Nerve injury, lingual nerve injury, numbness, jaw problems, TMJ, trigeminal neuralgia, these are also frequent dental related problems that I am asked to represent dental malpractice victims about.
Old dental problems, past dental history, records, X rays, panoramic films and bite impressions may be key exhibits in your case, so try to have all the information handy when you consult with the Florida dental malpractice lawyer.
As a generalization, I do not accept dental malpractice claims where there has been an unfortunate and painful period of time after malpractice has happened but the condition is now fixed and fine. The reasoning for this is that a jury generally, statistically, finds in favor of the dentist in the majority of dental malpractice lawsuits. If the claimant appears fine and everything is all fixed and dandy ( in my opinion only) there is a lesser chance of a favorable verdict than if the victim appears in front of the jury still sporting the defective problem.
I am contacted fairly regularly by patients who went to their dentist and had shoddy bridgework or poor orthodontic work and now want a refund or will have several thousands of dollars in future corrective dental bills. These types of cases are not usually accepted by me unless there is a signficant ongoing or past surgical procedure or operation involved along with it.
If you have a possible claim, and it fits into what I have described in this section, then please feel free to call me for a free consultation.
I work on the basis that I take a percentage of your dollar recovery, and if there is no money you get from the claim, then I do not get paid a lawyer fee, regardless of how much time I spend on the case.
I look forward to your call.