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Dental malpractice cases can be complex and expensive. In many cases, patients and their families seek financial compensation for medical expenses, lost wages, and pain and suffering. The process of negotiating a settlement can be lengthy and requires a skilled and experienced attorney.
Ten Common Errors in Dental Practices and Dental Procedures:
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Inadequate anesthesia or failure to properly administer anesthesia
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Failure to obtain informed consent from the patient before proceeding with a dental procedure
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Improper use of dental instruments or equipment
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Misdiagnosis of dental conditions or failure to diagnose a condition altogether
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Improper placement or installation of dental implants or prosthetics
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Failure to refer a patient to a specialist when necessary
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Inaccurate or incomplete medical records or chart notes
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Inadequate follow-up care after a dental procedure
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Infection control errors or improper sterilization of dental instruments
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Failure to properly monitor a patient's vital signs during a procedure.
Dental Malpractice Case-Reaching a Settlement
Factors that Affect Settlement Amount:
There are several factors that can affect the settlement amount in a dental malpractice case. The first is the severity of the injury or damages. If the patient suffered significant harm or injuries, they may be entitled to a larger settlement amount. The second factor is the strength of the evidence. The more evidence you have to support your case, the more likely it is that you will receive a larger settlement amount. The third factor is the insurance policy of the defendant. If the defendant has a larger insurance policy, you may be able to negotiate a higher settlement amount.
Negotiation Process:
The negotiation process typically begins with a demand letter. This letter outlines the patient’s injuries, damages, and the amount of compensation they are seeking. The insurance company will then respond with a counteroffer. This process can continue until a settlement is reached or until the case goes to trial.
Strategies for Achieving the Best Outcome:
There are several strategies used to achieve the best possible outcome for a client. The first is to be prepared. Counsel should have a clear understanding of the facts of the case and the strengths and weaknesses of the client’s claim. The second strategy is to be patient. Negotiations can be lengthy, and it is important to stay focused and persistent. The third strategy is to be flexible. Counsel may need to make concessions or adjust the client's expectations during the negotiation process to reach a settlement.
