How much money should I ask for in a dental malpractice suit for pain and suffering?
Question Details: In June '09 I started seeing a dentist regarding sensitivity to hot/cold in 6 of my teeth. After having the initial procedure done & numerous fluoride treatments, I was in so much pain that I was unable to chew or even sleep for weeks. After switcing over to a new dentist, the repair work has helped to diminish the pain, but it is still constant. The new dentist has taken xrays & explained how they show the damage inflicted on now 11 of my teeth by the previous dentist. I am angry about the financial toll this has taken, as well as the pain & suffering and long term ramifications. Thank you.
To win a malpractice case your lawyers must show, through the use of the testimony of another dentist, that the care you received was below the standard of care for dentists in your area (that it was negligent) and that your injury was legally caused by the negligent care. Every medical/dental malpractice case is very fact specific.
Generally, here in California a lawyer will review the facts of your case with you, obtain and review the medical records, and then consult with a dentist who specializes in the same area of dentistry to determine if the case is viable. It sounds like you may have a good case since your present dentist has indicated that the first dentist did not perform the procedures with due care. There is not enough information to proivde a value estimate for your case. You would be entitled to receive the cost of the dental procedures necessitated by the first dentist's malpractiace and compensation for your suffering.
