Dental malpractice cases often do not get off the ground. The reason has to do with the economics of litigation.
In any malpractice case, your attorney will be required to retain medical experts, take depositions, pay court reporters, pay for copies of medical records, billing records, pay a filing fee, incur travel expenses, etc. Most malpractice cases cost your attorney between $15,000 and $50,000 to prosecute. However, dentists that do bad things can usually only do a limited amount of damage. They usually do not permanently maim or kill patient. So usually a lawsuit doesn't not make economic sense as the cost of pursuing the lawsuit will exceed any reasonable settlement value.
In your case, a reasonable "settlement value" might be $15,000. But again, you'd spend double that amount to prosecute the case. Much less be able to carve out attorney fees or a recovery for yourself. This is why most dentists can't do enough damage to justify holding them legally accountable for their errors.
Lastly, I would point out that the politicians in your state obeyed their corporate lobbyists and passed sweeping tort reforms to make sure this process is even more difficulty for you. The new laws dramatically insulate physicians, dentists, and hospital corporations. Elections matter and can have a real impact on your life. There is an election coming this November. Vote.
It usually costs more to wage a dental malpractice case than you would receive, but you should still consult with a dental malpractice lawyer nevertheless. I'm sorry, but my firm doesn't handle these cases.
The answer does not create an attorney-client relationship and is for informational purposes only.
Only 29% fee deducted.
Lassen Law Firm
1515 Market St #1510
Philadelphia, PA 19102
Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com
Sign up to receive a 3-part series of useful information and advice about personal injury law.