Can I Sue My Dentist for Pain and Suffering?

Truthfully, you might not know right away—or ever—if what you experienced was medical malpractice. This is where an experienced attorney comes in. Lawyers who have been handling these cases for decades know what to look for in this type of case. Contact an experienced lawyer to help you determine if you have an actionable medical malpractice claim.

Pain and suffering is one of the more complicated injuries to prove in a medical malpractice claim because it’s so subjective. You generally can’t see pain and suffering by just looking at someone, as you can with many other injuries that occur as a result of medical malpractice, so your lawyer will have to dig a bit deeper. One of the most common ways to prove pain and suffering is by presenting records of your appointments with a therapist or psychiatrist. In addition to this, your lawyer will likely want to speak with your friends and family members to determine how this incident has changed you. They can share information about what you were like before the incident, how it has changed you, and what you’re now unable to do because of the pain and suffering you’re experiencing. It’s difficult to prove, but not impossible. 

Some states have damage caps, meaning there’s a limit to how much compensation you can receive. While most states don’t have a cap for medical expenses and any other expenses that are clearly a result of the incident, some states have caps for emotional injuries. You can speak with an attorney in your area who is familiar with your local rules and laws to get a better idea of whether there’s a cap in your state or not. 

All states have a statute of limitations for medical malpractice claims. This means you must file your lawsuit within a certain period of time, or you’ll be barred from filing and recovering any compensation. This is true even if you had a clear case of medical malpractice that you would’ve been successful in pursuing. The actual deadline to file the case varies depending on which state you’re located in. Typically, it’s anywhere from one to four years from the date of the injury you suffered. If you believe you have a medical malpractice claim, contact a lawyer as soon as possible. You don’t want to miss out on compensation because you missed an important deadline.

The fact that you have pain or are suffering from dental complications doesn’t automatically mean you have a medical malpractice claim against your dentist – but it might. Some common situations that lead to an actionable claim include pain, infections, numbness, paralysis of all or part of your face, loss of sensation, tingling, difficulty speaking, and more. Usually, these symptoms must be long-lasting; not just for a few hours or a day.  

All medical malpractice cases are different, so it’s hard to say exactly how long your case will last. Most cases are settled before they ever get to trial, which also affects how long the case takes. If your claim is straightforward and the defendant is willing to settle, your case could be resolved within months. If your case is more complicated and it needs to be decided in the courtroom, it could be years before the case is resolved, and it could take even longer for you to actually collect payment. This is why so many cases are settled before trial. 

This will also depend on where you’re located and what your lawyer decides. In some states, it’s required to present testimony from an expert witness to prove a medical malpractice claim. Even if it’s not required, it’s almost always beneficial for you and your lawyer to utilize an expert witness. Expert witnesses can bolster your case and explain to the jury exactly why you deserve compensation.

Most of us already hate going to the dentist, no matter how nice and great our particular dentist is to us. Even when absolutely nothing goes wrong, it can be an uncomfortable experience for many just to visit the dentist. This is often made worse by dentists who are negligent and are responsible for causing long-lasting injuries. All of our lawyers here at Morgan & Morgan are experienced in handling medical malpractice claims, and we would be honored to help you. We take all of our cases on a contingency fee basis, which means you don’t have to pay anything until we win or settle your case. Throughout the years, we have recovered more than $20 billion dollars for our clients. When you hire Morgan & Morgan, you’re hiring dedicated, experienced, and compassionate lawyers. If you’re still wondering, “can I sue my dentist for pain and suffering?” contact us today for a free case evaluation.