There should be an initial letter to the dentist/insurance company stating that you are representing the client. When you have assembled all the medical records and bills and know the extent of the damages, only then should you send out a demand package detailing everything and asking for a specific amount. Dental malpractice claims generally are not very lucrative, and if you file, you may end up spending more on costs than you may recover. Good luck.
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Avvo is a resource for clients, not for lawyers. That said, I would urge you not to pursue this matter. Your questions indicate you have no clue, and you are not going to learn enough from an Avvo answer to do a competent job. Send the client to a lawyer who is familiar and experienced with dental malpractice cases. As Mr. Lassen has pointed out, you are not going to make any money on a small dental malpractice case anyway, but more importantly, this is a highly specialized practice area. Assuming an adjuster even responds to a claim letter- not a likely scenario- a lawyer inexperienced in the field is not going to have a much better chance than a pro se to get a decent settlement for the client.
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No. I do not accept the premise that this posting was made by an attorney. The reason I do not accept this is that I handled my first dental malpractice case within the first year of graduation from law school when the ink was still wet on my degree, and I knew all of the answers to these questions. I went on to try the case before a jury despite the fact that the insurance company defense attorney was a seasoned experienced malpractice defense attorney.
Retain an attorney. If no attorney will accept the case, it is because experienced malpractice attorneys know the elements of a legal claim. Medical malpractice law comes right out and states that there is no recovery for merely a 'bad result'.
When you say you have a malpractice case based primarily on misdiagnosis, this means that you have a written medical narrative signed by a dentist.
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