How to Prove Dental Malpractice
Ouch! Your mouth hurts. Your pockets hurt even more with that big dental bill sucking the life out of your finances. The worse thing is that you think that something went horribly wrong, but you don't know how to prove it. There is either too much blood, too much puss, too much swelling or too much pain days after the actual procedure took place. You want answers, but you also want to be sure that malpractice took place.
- Find out what is considered malpractice in the state that you live in. What one state considers malpractice, another state may call something else. It would also behoove you to consider obtaining a malpractice lawyer. Check out the local university and talk to someone in the prelaw department. Ask if there are any pro bono services available. This will certainly get you on the right track.
- Get your hands on your dental records. You can do it yourself, or have your lawyer do it.
- Present the date and time of your last visit. Your bill will have this information.
- Go to another dentist and get him to treat your pain and give his expert opinion of the problem in writing. Show him your dental records, tell him what you were supposed to get done and let him know that you have been severely uncomfortable ever since.
- Keep the bill and written assessment that you received from the second dentist as evidence that you had to get your mouth treated again because of the pain that you suffered due to the first treatment that you received.
- Seek therapy if the pain has caused you to go into depression (don't lie), and retain that record and present it as evidence when trying to get punitive damages. If this has caused you to miss work, lose your job or flunk out of school, get written proof. This can also help with punitive damages.
- Document every time that you try and talk to the first dentist. If he refuses to cooperate, write that down as evidence.