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Dental Malpractice

How to identify malpractice:

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  • Get a second opinion (preferably though a well-established, higher quality dental clinic)

  • Request complete dental and medical records including invoices, which the original dentist is required to give copies of

  • Contact a specialized attorney for malpractice (more info given later) for free case evaluations on a contingency basis, where you only have to pay the attorney if you win 

How to report a malpractice:

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  • Administrative: State dental boards investigate allegations of gross negligence, incompetence, drug/alcohol use during practice, fraud, and unsanitary conditions (no financial compensation)

  • Provide as much firsthand, verifiable information, including photographs, invoices, and your complete timeline of events

  • Legal: Financial comp. for additional medical costs is civil case

  • 1 yr. Statute of limitations for general malpractice reporting in CA while 3 yr. upper limit if there was dental injury 

  • 90 day advance written notice to dentist saying intent to sue

Please note this information is elementary and not always updated. For best accuracy explore the linked resources

Know Your Rights

Further Legal Resources & Insights

https://www.dbc.ca.gov/consumers/consumer_faqs.shtml

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https://www.dca.ca.gov/consumers/complaints/dbc.html

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https://www.ada.org/-/media/project/ada-organization/ada/ada-org/files/publications/guidelines-for-practice-success/gps-managing-professional-risks/tip-sheet-on-dental-board-complaints.pdf?rev=481395d5db1d4b30970d57fa09c4adc1&hash=E7EA7218D2F2E11AF6C21B3D5436C37E

 

https://selfhelp.courts.ca.gov/civil-lawsuit/statute-limitations

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*THIS LIST IS ALWAYS BEING UPDATED SO KEEP CHECKING IF IT IS SOMETHING YOU WISH TO PURSUE OR CONTACT US

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