Well, as it's covered under healing arts malpractice, you would have to obtain all records, have them reviewed by an expert who opines that malpractice occurred. All that is just to FILE your lawsuit; it guarantees nothing and it is costly, usually at least several thousand dollars.
I can give you one piece of advice before knowing much of your case. Whatever you do, do NOT try to handle this yourself. Find a competent lawyer. If no one wants the case, that's the way it is, but do not try to navigate this system yourself--you'll get eaten alive.
Dental malpractice cases are usually tough ones and there is not much in the way of damages.
Contact a lawyer and check out your options.
I hope this guides you a bit.
Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.
Any type of malpractice claim involves having your medical records reviewed by an expert, who then gives an opinion as to whether or not there is a violation of the standard of care. Start be getting a copy of your dental records.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
First, in order to be successful in these cases you have to demonstrate a breach of the standard of care. That requires expert testimony. So assuming you can do that (which is not certain) you get to the second issue… $$$ It costs a lot of money to prosecute these cases and it is not likely that the injury you describe is worth enough to justify bringing the case. It is a problem for plaintiffs all over this country. They are unable to bring viable claims because it is cost prohibitive. It certainly does not help that many states (including Illinois) require extra hurdles before a claim even be brought. Unfortunately, I am not able to assist you as with out knowing anything more about your claim, I think I would spend more than the case is worth. That being said… keep looking and hopefully you will find someone who is willing and able to assist you.
This response is not intended to act as legal advice. I am not licensed to practice law in any state other than the State of Illinois. No attorney-client relationship is formed until you sign an attorney-client agreement with my office.
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