Dental Malpractice Claims in Maryland
If you have suffered because of something a dentist or employee at a dental facility did wrong, a good dental malpractice lawyer Maryland dental malpractice victims and their families recommend, may be able to help you get monetary compensation from the party or parties that caused you harm.
Maryland Malpractice Claims
In Maryland, the same laws that apply to medical malpractice apply to dental malpractice. Because of this, claims against dentists, oral surgeons, endodontists, orthodontists, prosthodontists, periodontists, and dental hygienists, are often referred to as medical malpractice claims
Expert Testimony
Expert testimony is typically a large component of a dental or medical malpractice claim. Expert testimony comes from credentialed professionals in the field in question. For example, if a claim is against a periodontist, an expert that testifies for either the plaintiff or the defense will likely be a periodontist. Someone who only has a dental degree would not likely be called for a case involving a periodontist, except for the fact that a periodontist is a dentist who has completed dental school and an additional three years of education and certification beyond this.
Burden of Proof
In a dental malpractice case, like in most personal injury cases, the plaintiff has the burden of proof to prove that the defendant did in fact cause them harm and that this harm could have been avoided had the defendant provided an acceptable standard of care. To support this, the plaintiff’s expert witness(es) need to testify that the defendant’s negligence was the proximate cause of the harm that was done. In turn, the defendant’s witness needs to be able to give testimony to support that the defendant performed their duties to the standard of care that is accepted in the dental community, or specific niche of the dental community that they are a part of.Â
Maryland Dental Malpractice Claims
If you have been injured because of a Maryland dentist or dental facility, the sooner you contact a good Maryland dental malpractice lawyer, the sooner they may be able to start putting together expert witnesses; start compiling and filing all of the necessary paperwork; make preliminary court appearances to make your claim official; and if your case goes to trial instead of settling, they can represent you during the trial.
Dental Malpractice Settlements
Depending on a plaintiff’s specific circumstances and what the defense offers if they even make one, when a defense offers a settlement, a plaintiff may decide that they would rather take what is offered than risk going to trial and coming away with nothing if their case is decided in favor of the defendant.
A settlement offer can be made before a case goes to trial or any time during it, right up until before the jury or judge’s verdict is about to be read. Depending on their circumstances, it may be more financially beneficial for the plaintiff to take a settlement instead of risking losing their case completely. As well as, the time it takes to get through a jury or bench trial and the stress that doing this often causes, many plaintiffs prefer to take a settlement.
If you need legal advice or help, contacted the highly rated and compassionate team at Cohen & Cohen for a free case consultation and evaluation.
