Camp Connell, CA Personal Injury Law Firms & Lawyers

I'm sorry to hear you were hit by a drunk driver. Fortunately, as a back-up, you will be covered by worker's compensation and hopefully you filed a work comp claim. You need to determine the amount of the offender's insurance policy limits. These cases can be complex, and I recommend you retain an attorney. We work on a contingency basis, so you do not pay us unless the case resolves, out of the settlement or verdict.

Generally, to establish dental malpractice you must prove each of the following: (1) the generally recognized dental standard of care; (2) a deviation from that standard by the dentist; (3) that the deviation was the proximate cause of your alleged injuries; and (4) the nature and extent of your injuries and damages. More simply, you have to prove that the dentist did, or did not do, something that other dentists would have differently under the same circumstances. In most cases, a dentist must establish (usually through his or her testimony) these items. From your brief description, it sounds like the first dentist did make a mistake. However, you may have a statute of limitations issue problem. Generally, the statute of limitations for dental malpractice is two years from the date of the negligent (malpractice) act or omission. However, it is extended if a lawsuit is commenced within one year from the date of such discovery or from the date of discovery of facts which would reasonably lead to such discovery of the negligence by the dentist. The issue is when you knew or should have known that, assuming the dentist did commit malpractice. You do not have to know exactly what the dentist may have done wrong; the trigger is whether there were any signs or signals within the 2 years after the root canals that something may have be done wrong. I would suggest talking to an attorney to further discuss your case. That attorney can obtain additional information to determine whether you have a case and discuss the potential statute of limitations problem.