Can I get pain n suffering and loss of wage from 3weeks off work for complications of tooth extraction! Chipped socket!
3 attorney answers
Medical malpractice cases are exceedingly difficult to pursue and win in Wisconsin. You should call obtain a complete copy of your dental records pertaining to this incident and have them reviewed by a malpractice attorney of your choice. The statute of limitations for suing for medical malpractice is three years from the date of the occurrence. Failure to file a lawsuit within three years would forever bar the claim.
Unfortunately, a chipped socket is a recognized complication of tooth extraction, so it isn't malpractice.
"Dental Malpractice" cases are rarely economical to pursue. In the current Dental Malpractice environment, you need to be dead or have sustained severe and permanent injury to have a good claim.
The Statute of Limitations (deadline to file suit) in a Medical Malpractice action is generally shorter than other personal injury claims (i.e. car accident, slip and fall, etc.). In most cases you need an affidavit from a similar medical provider (same area of medical practice) alleging professional negligence. It takes time to put together all documents needed to file a Medical Malpractice lawsuit. So if you intend on taking action, do not delay.
More information is needed and you should search AVVO and immediately consult with an experienced Personal Injury or Dental Malpractice attorney in your area. There is no substitute for an in person consultation with an experienced AVVO attorney. They will know the lay of the land for this type of case.
In a Dental Malpractice case, most of the witnesses and expert needed to testify at trial are doctors or healthcare providers. By the nature of their jobs, their time and opinions are expensive to obtain. A doctor testifying at deposition may charge the party taking the deposition up to $1,000 per hour, often more for trial testimony.
Dental Malpractice, Hospital and Nursing Care facility cases are difficult and expensive cases to pursue. It requires an attorney who is well versed in this area of law and has the money to fund the litigation. A Plaintiff’s Dental Malpractice attorney may be required to invest hundreds of thousands of dollars of his/her own money to get your case to a jury trial, with no guaranteed outcome. Given the financial risk involved, Dental Malpractice attorneys need to be selective in the cases they take on. Be prepared to share freely with your proposed attorney any documentation, Dental records or information you may have regarding your case. They should be able to advise you early on as to the challenges and potential barriers you can anticipate as your case proceeds.
If possible you should consult in person with a qualified AVVO Personal Injury or Dental Malpractice attorney. They are in the best position to advise you as to the challenges posed by your case and the probability of success. The initial consultation is usually free and the case are handled on a Contingency Fee Basis (No recovery, no fee). This is not legal advice. You need to speak to an attorney who is licensed in your state for legal advice. This is merely suggestions for you to think about in discussing your situation with the local attorney.
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