California Dental Malpractice Lawyer

Dental malpractice occurs when a doctor, dentist, dental facility, or other dental provider fails to act as an ordinary professional in the same community would in comparable circumstances. For expert help call us at 800-816-1529.

General Information Regarding Your Dental Malpractice Case in California

• If you or a loved one has already been the victim of Dental Malpractice in the State of California, you should immediately stop reading and call our law firm at (800) 816-1529 Ext. 1 for a free telephone consultation. We will let you know over the phone if we believe you have a case and if we can assist you.
• If we believe we can assist you and you decide to retain our services, we will email you all the necessary legal forms to retain our law firm. Everything is completed digitally.
• You are not required to visit our office.
• If you do not have dental insurance or a dentist, we can immediately refer you to a dentist in your area who is qualified to treat you. (Yes, even if you do not have dental insurance.)
• Yes, you can accomplish all of this with a single phone call to our law firm. We make every effort to simplify the process for you.

Cases of Dental Malpractice in California

In the state of California, dental malpractice occurs when a doctor, dentist, dental facility, or other dental provider fails to act as an ordinary professional in the same community would in comparable circumstances.

If a dentist makes a mistake that an ordinary dentist in the same community would not make under the same circumstances, this would also be considered dental malpractice in California.

For example, if a dentist removes the wrong tooth or drops a drill down a patient’s throat, this would be considered dental malpractice.

Typically, Dental Malpractice is not as simple to prove as the preceding example, but the example is intended to illustrate what these types of cases entail.

Required expert testimony

In contrast to many other Personal Injury cases, the only way to prove Dental Malpractice is through the testimony of another dentist, since only a trained dentist is qualified to testify as to whether or not there was Dental malpractice.

In California, dental malpractice cases are largely governed by statute.

Cap on Damages

Statutes limit general damages for dental malpractice in California to a maximum of $250,000 for pain and suffering, loss of enjoyment of life, and emotional distress.

The $250k cap does not apply to out-of-pocket expenses such as dental bills, future dental bills, wage loss, and future wage loss.

Limit on Attorney Fees

We are dental malpractice lawyers in California. 40 percent of the first $50,000, 33 1/3 percent of the next $50,000, 25 percent of the next $500,000, and 15 percent of any amount that exceeds $600,000 is the maximum contingent fee that a California dental malpractice attorney can collect under a contingency fee arrangement.

Time Limit to File Dental Malpractice Case

In California, unlike other personal injury cases, you only have one (1) year to file a dental malpractice claim from the date you knew or should have known about the malpractice, and no later than three (3) years regardless, unless a foreign object or material was left in your body after surgery, in which case it is by the date of discovery.

The statute of limitations differs slightly for minors. Actions by or on behalf of minors must be filed within three years of the date of the negligent act, unless the child is under six years of age, in which case the action must be filed within three years or before the child’s eighth birthday, whichever provides the longer time period.

Arbitration Compelled For Dental Malpractice

The state of California permits health care providers and their patients to enter into arbitration agreements. However, absent an agreement between the parties, California does not mandate that dental malpractice claims be arbitrated prior to litigation.

Most California HMO plans contain an arbitration clause that removes your case from the normal court system and requires it to be tried before a private, neutral arbitrator agreed upon by both parties.

Call us Now 800-816-1529 or click here now.

We are dental malpractice attorneys in California. It is crucial that you choose the right law firm to handle your Dental Malpractice case, as these cases typically require substantial financial and other resources.

Our law firm has the necessary resources and knowledge. We regularly handle Dental Malpractice cases and are experts in this field.

Call 800-816-1529 x for a free consultation on your Dental Malpractice case. 1.

Get Help Now

The Law offices of Norman Gregory Fernandez & Associates has over 25 years experience handling personal injury cases all over the state of California. We have handled thousands of cases and obtained millions of dollars in settlements and judgments for our clients. Call now for a no pressure free consultation with an actual attorney. 800-816-1529 extension 1. 

You can download our California Accident App for iOS and Android by clicking here and visiting our California Accident App page. This application will allow you to record and transmit all information related to your Dental Malpractice case to our office.