Common Settlement Tactics Used by Defendants in Dental Malpractice Cases

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Dental malpractice cases can be complex and challenging, with defendants often employing various tactics to reduce their liability or avoid paying damages. When a dentist is accused of malpractice, their insurance company will often assign a team of lawyers to the case, who will do their best to settle the matter as quickly and inexpensively as possible. Here are some common settlement tactics used by defendants in dental malpractice cases:

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1. Denial of Liability: One of the most common tactics used by defendants is to deny liability altogether. The defendant may argue that they did nothing wrong and that the plaintiff's injuries were not caused by their actions. This can be a difficult argument to make, especially if there is clear evidence of malpractice.

2. Blaming the Plaintiff: Another tactic used by defendants is to shift the blame onto the plaintiff. The defendant may argue that the plaintiff's injuries were caused by their own negligence or failure to follow post-treatment instructions.

3. Delaying Tactics: Defendants may use delaying tactics to try to wear down the plaintiff and their legal team. They may drag out the settlement process, delay court proceedings, or try to extend negotiations to try to make the plaintiff more desperate for a settlement.

4. Minimizing Damages: Defendants may try to minimize the plaintiff's damages by arguing that the injuries were not as severe as claimed, or that the plaintiff is exaggerating their pain and suffering. They may also argue that the plaintiff's future medical expenses will not be as high as claimed.

5. Lowball Offers: Another common tactic is to make lowball settlement offers in the hope that the plaintiff will accept a smaller amount than they are entitled to. Defendants may also use these offers to try to test the plaintiff's resolve and see if they are willing to fight for a fair settlement.

6. Confidentiality Agreements: Defendants may try to include confidentiality agreements in settlements to prevent the plaintiff from discussing the case or disclosing the amount of the settlement. This can be beneficial to the defendant, as it can prevent other potential plaintiffs from learning about the case and filing similar claims.

7. Appeal Options: If a settlement is reached, the defendant may try to include language in the agreement that preserves their right to appeal the decision. This can be a tactic to further delay the settlement process or to try to overturn the settlement at a later date.

 

Defendants in dental malpractice cases will often use a range of tactics to try to minimize their liability and reduce the amount of damages they may have to pay. It is important for plaintiffs to have a skilled and experienced legal team on their side to help navigate the complexities of these cases and ensure they receive a fair settlement that properly compensates them for their injuries and losses.