Why Would You Need A Dental Expert Witness
If your dental appointment has left you in the middle of a nightmare
, one of the only recourses you may have is find a dental expert witness in order to effectively sue. Unfortunately, without any actual litigation it is almost impossible to receive any kind of compensation for any injuries or disfigurement that may have happened.
It is not easy to win a malpractice suit for dental care. It is difficult to be sure that any sculpting and shaping errors are in fact errors. Depending on the tooth and its original condition you might not have as many options as you would have hoped for when sitting in the dental chair.
Dentists have to rely on their best judgment along with their training and experience. This means that there is a great deal of subjectivity when dealing with dental procedures. A dental expert witness can help take some of that subjectivity out of the process. They will be able to look at the case and clear out the opinion from standard procedure. Even with teeth that have numerous issues, there is still a standard for each procedure that may need explaining.
The overall condition of your teeth and any complaints of excessive pain are hard to prove. Rotten teeth and teeth that are overcome by decay can be very painful. Even if your pain was caused by a lack of proper medication administering you'll need an expert that can testify to the fact that you should not have experienced as much pain as you did.
While dental litigation is not an easy road to go down it is often quite necessary. Without lawsuits that hold individuals accountable to their decisions regarding patient care, it's hard to say what kind of risks could be taken. Most malpractice cases are awarded to the plaintiff. This is also true of most dental cases. Regardless, you will still need a recognized expert to back you up.
Malpractice suits are there not just to help you receive compensation for the pain and any mistakes made during your appointment. They are also an excellent way to help keep the dentist from taking unrealistic chances. When a dentist is sued for malpractice, not on does the insurance rate increase but their record becomes blemished. You may be surprised to find out just how many other people have sued your dentist as well.
When choosing a dental expert witness you want to feel as though they can explain the situation well to a jury. If they tend to speak in technical terms and play hard into the lingo of the profession are not likely to be able to relate the incident well to the jury. Plain language and simple but relevant explanation are necessary to be sure that the jury doesn't tune out or get lost in the technical aspects of a procedure they may not understand.
Most of the time the
expert witness will be referred to you by the litigation lawyer you've hired to take on the case. You will ultimately have the final say. Since the outcome of the case may very well hang on the testimony of the expert you bring in, you'll undoubtedly want to find the best possible expert for the job.
by: Adriana Noton.
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