Dental malpractice occurs when the care you receive from a dentist falls below what is reasonably expected, and leads to harm. This could include mistakes like wrong diagnoses, incorrect treatments, not getting your clear agreement before a procedure, or using defective equipment. If these errors cause severe personal injuries, infections, or worse, you might find yourself facing not only physical pain but also significant financial stress.
If you or someone close to you has suffered due to dental malpractice, you might be eligible for compensation. However, legal actions for malpractice can extend over a long period, often taking months or years to conclude. During this time, you may struggle to manage day-to-day expenses and medical bills.
This is where pre-settlement funding becomes invaluable. It provides you with the financial support you need while you wait for your lawsuit to be resolved. This type of funding helps you cover your living expenses and medical costs without the pressure to settle your case prematurely for a lower amount than you deserve.
Establishing Liability in Dental Malpractice Lawsuits
To successfully establish liability in a dental malpractice case, it’s essential to demonstrate how the dentist’s duty of care was breached, directly resulting in harm. This involves presenting clear evidence of negligence and its direct impact on your health and well-being. Expert witness testimony is vital, as it helps bridge the gap between the expected professional standards in dentistry and the specifics of your case.
Common causes of dental malpractice include incorrect diagnosis, improper use of dental tools, inadequate treatment planning, and failure to manage or recognize complications.
What Makes a Strong Dental Malpractice Lawsuit?
If you believe you’ve been harmed by dental malpractice, there are several key things you need to show to have a successful claim:
- Establishing a Dentist-Patient Relationship. Confirm that a formal relationship existed to establish that the dentist had a duty to provide you with competent care. This step legitimizes your claim by verifying the dentist’s obligation.
- Demonstrating Deviation from Standard Care. Show that the dentist didn’t perform as a skilled dentist should. For example, if a dentist used the wrong procedure for a common dental issue or missed diagnosing a clear dental problem, these are clear signs that he or she didn’t meet the professional standards expected in dentistry.
- Causation of Harm. Connect the dentist’s specific negligent actions directly to the injury you suffered. This connection is often demonstrated through detailed medical records, expert testimonies, or evidence of subsequent treatments needed due to dentistry malpractice.
- Quantifying Damages. Document all damages resulting from the malpractice, including additional treatment costs, loss of income if you were unable to work, and non-economic damages like pain and suffering.
How to Value a Strong Dental Malpractice Lawsuit
Medical Expenses: If you’ve had to undergo additional medical treatments due to dental malpractice, you may be eligible for compensation. This can cover costs for corrective surgeries, specialized dental work, necessary medications, and any rehabilitation therapy needed.
Lost Wages: If dental issues have caused you to miss work or lose income, you can seek compensation for the days you were unable to work and for any future time off you may need for medical treatments or recovery.
Pain and Suffering: This compensation addresses the physical discomfort and emotional distress resulting from improper dental care. It includes the pain from the original issue and any treatments needed to fix it, as well as the emotional impact of any changes to your appearance or dental function.
Loss of Earning Capacity: If dental malpractice has permanently affected your ability to work—especially in jobs where appearance or oral function is important—you might be compensated for future lost earnings and career opportunities.
Emotional Distress: Dental problems can severely impact your self-esteem and mental health. If you’ve experienced anxiety, depression, or even PTSD as a result of dental malpractice, you could receive compensation for these profound emotional effects.
Punitive Damages: In extreme cases where the dentist’s actions were especially harmful or intentional, you might also be awarded punitive damages. These are not just to compensate you, but also to punish the dentist and prevent such conduct in the future. The amount depends on the severity of the dentist’s actions, their impact on you, and the dentist’s financial situation.
Why Do I Need a Dental Malpractice Lawyer?
If you’ve suffered malpractice, it’s essential to have a personal injury attorney who specializes in dental malpractice law. Dental malpractice cases are complex and different from other personal injury claims because they require a deep understanding of medical standards specific to dentistry.
A skilled dental malpractice attorney will thoroughly examine your case, looking into the dental procedures and the expected standards of care. Legal professionals are experts in proving negligence and are essential in explaining the details of your case, from surgical errors to misdiagnoses.
Moreover, negotiating with insurance companies can be challenging. Insurers typically try to settle quickly and for less than you deserve. An experienced dental malpractice lawyer can effectively manage these negotiations, so that you receive full compensation for your suffering and future medical needs.
Having a lawyer is also vital for accessing pre-settlement funding, which can provide valuable financial support while your lawsuit is ongoing. Legal funding companies typically require a lawyer’s involvement to evaluate and approve your case.
Dental Malpractice Lawsuit Settlement Loans
In an ideal world, justice would be swift, and you wouldn’t have to worry about mounting expenses while waiting for your rightful compensation. Unfortunately, the road to financial compensation can be long and complicated. And as bills pile up, stress levels rise, which can impact your overall well-being.
That’s why pre-settlement funding exists, to provide you with the financial relief you need during dental malpractice litigation.
What is Pre-settlement Funding for Dental Malpractice Lawsuits?
Pre-settlement funding, also known as a lawsuit loan or settlement advance, is a legal financial option designed specifically for plaintiffs like you who are waiting for their dental malpractice litigation to settle or win. This isn’t a regular loan but a non-recourse advance, meaning you only pay it back if you get compensated.
To qualify for pre-settlement funding, you need to have an active dental malpractice lawsuit and be represented by an attorney. Your case will also be evaluated to determine its likely outcome and potential settlement amount.
How Can I Use Funding?
If you’re facing a dental malpractice claim, pre-settlement funding can help manage expenses such as medical bills, living costs, and urgent debts while your case is ongoing. The amount you receive is based on your case’s potential settlement value and its strength. Your funds are repaid from the settlement amount by your attorney.
The Advantage of Pre-Settlement Legal Funding
Dealing with powerful defendants such as a dental provider’s insurance companies is tough and may consume a lot of your time. These companies often prolong legal proceedings, hoping that financial pressure will force you to settle for less. Pre-settlement legal funding becomes an important financial solution during this period, as it gives you the financial cushion to withstand this strategy, so you can hold out for the fair settlement you deserve.
Ready to Take the Next Step?
At Baker Street Funding, we specialize in providing quick, supportive pre-settlement funding to victims of dental malpractice. You could receive a cash advance within 24-48 hours after you qualify, allowing you to cover immediate expenses and maintain financial stability during your lawsuit.
To get started, simply apply online or give us a call today at (888) 711-3599. Our team of experienced professionals is here to guide you through the process and provide you with the financial support you need.
No credit check. No income verification. Only pay if you win.
