Start the conversation

612-349-2729

Dental Malpractice

We’re trial lawyers. Our core competency – above everything else – is trying cases to juries. And we specialize in beating giants.

Minneapolis Dental Malpractice Lawyer

Going to the dentist can be intimidating. Many people feel uneasy going to the dentist for various reasons. Most are rooted in the fear that something much worse is wrong with their teeth than they thought. That’s why going to the dentist regularly and taking great care of your oral hygiene is so important. But what if your dentist or dental assistant are the ones who cause damage to your teeth, gums, or mouth?

When you’ve experienced a mistake by your dentist or dental assistant that led to your injury, you deserve compensation. Our Minneapolis dental malpractice lawyer is here to help you specifically for that scenario. We’ll look into exactly what happened to cause you harm and damages and ensure that your rights are protected, and you financially recover from what you suffered.

Examples of Dental Malpractice

Whether you’re visiting your dentist for a routine cleaning, a checkup, or to get work done on your smile, you could experience an injury when they make a mistake. It’s important to note that being unsatisfied with your visit to the dentist is not grounds enough for a dental malpractice claim. They must cause you further injuries and damages to your mouth or parts of your body as a result of their negligence or carelessness.

Let’s take a look at the different examples of dental malpractice so that you can identify if that’s what happened to you. Here are some different types of dental malpractice that you could have experienced:

  • Your dentist cut or injured your gums, lips, or tongue
  • They removed the wrong tooth, or caused the need for more teeth to be removed
  • You receive the improper amount of local or general anesthetic
  • You get an infection from their tools not being sterilized or using unclean practices
  • The dental tools hurt your mouth or jaw, or you get injured from a crown or bridge
  • Your dentist damages your nerves

These are all reasons that you could file a claim against your negligent dentist or dental hygienist. Again, if your gums bleed when they floss your teeth, you most likely don’t have a claim for negligence. However, if they poke you with a pick and it injures your gums, then you do most likely have a claim.

If you don’t see what happened to you listed above but you still think you might have experienced dental malpractice, then you should reach out to an attorney. At Madia Newville, our lawyers will answer your questions and help you determine whether or not you have a case against your dentist.

Let’s take a look at what your attorneys will have to do when they take on your dental malpractice case.

Proving Negligence Happened

The main aspect that your claim hinges upon is proving you dentist’s negligence, which is what your dental malpractice attorney will focus on proving. Just like a medical malpractice case, your lawyer will have to show these four elements were present in order to prove negligence, which are:

  • A doctor—in this case, dentist—and patient relationship existed
  • Your dentist owed you a duty of care
  • They breached that duty of care and injured you
  • Those injuries caused you to suffer from damages

One of the main ways we’ll be able to prove that negligence was involved is by using your dental and medical records. These will show that you were under that oral health provider’s care and that they provided you with services. The records will also have notes of any injuries that you suffered as a result of that care, and then show what you needed in order to recover from their mistakes.

Whether you were caused damage by your dentist, orthodontist, or oral surgeon, you deserve to be compensated for what you suffered. Your medical records will also give your Minneapolis dental malpractice attorney an accurate depiction of what we can help you financially recover. Let’s take a look at what goes into your damages and what you can be awarded.

What We Can Help You Recover

As mentioned above, you shouldn’t have to suffer from your damages on your own—you deserve to be compensated so that you can get back to your normal life and focus on healing. Once we prove that your oral surgeon or dental professional was negligent, we can start looking into the damages that you suffered and what you’re owed.

Here are some of the different damages that we’ll look into to determine what full and fair compensation would be for you:

  • Medical bills
  • Treatment costs
  • Medication costs
  • Missed work and lost wages
  • Pain and suffering
  • Loss of enjoyment of life
  • Emotional distress

You shouldn’t have to suffer alone from dental injuries. At Madia Newville, our attorneys are here to ensure that you can recover what you need so you can stop worrying about your bills and focus solely on healing and getting back to normal.

Dealing with injuries after a routine visit to the dentist, or unexpected injuries after having surgery can be stressful and costly. When your dentist or oral surgeon made a mistake that led to you being harmed, they should be held accountable for their actions. Our Minneapolis dental malpractice lawyer from Madia Newville can help you with that.

We’ll fully investigate what happened, prove that they made an error, and that the error injured you so that you can recover what you deserve. Reach out to our office today so we can get started on your potential claim. 

THE MADIA NEWVILLE WAY

We have a process that works in getting exceptional results for our clients. 

We are trial lawyers who prepare every case for trial from Day 1. Investigation and legal research are the first things we do, and we spend a lot of time on them. Because we haven’t filed the case yet, we have complete control – the defendant has no say and we want to use this time wisely.  We interview witnesses that can help us prove the case.  We’ll ask you for all relevant documents in your possession and review those carefully as well.  We also will spend some time conducting legal research about unique issues in the case.  We pull the jury instructions that the judge will ultimately charge the jury with after closing arguments at trial. 

Our next step is typically to send a demand letter to the defendant. In the letter, we thoroughly lay out: the facts surrounding the defendant’s misconduct; the applicable law (including statutory and case citations) that make clear that the defendant broke the law; an analysis of your damages and the defendant’s monetary exposure; a demand for a monetary amount to settle the claim; and an instruction to preserve all relevant evidence, including electronic evidence. The point of this letter is to give the defendant a chance to do the right thing and pay a fair amount before litigation, and to give the defendant an opportunity to present any defenses or evidence it wants us to consider before moving forward.  Sometimes we skip the demand letter if there are strategic reasons to move straight to filing, but we typically give defendants a chance to do the right thing.

If early negotiations fail, great – we file a Complaint and serve the defendant with it. A Complaint is a legal document that states the facts of what happened and alleges how the defendant broke the law. It formally starts the lawsuit.  Many lawyers draft complaints in a general and relatively vague way, just to get it done and filed – because that’s all that’s really required.  We take a different view. We view the Complaint as our first chance to tell your story to the judge, and we take it seriously. So we draft detailed complaints and include legal citations to statutory and judicial authority on unique points.  Sometimes we’ll include a number of exhibits, diagrams, or other demonstrative aids to help the Court understand our claims.  A secondary benefit of this approach is that defense lawyers reading the Complaint can become educated on the problems of their case and the state of the law – sometimes this leads them to reach out to us shortly after service of the Complaint to re-initiate settlement negotiations.  Of course, by that time, the price for settlement has gone up.

Some lawyers view written discovery as a necessary evil – something to get done and out of the way before depositions.  Not us.  Written discovery is a gift and an opportunity.  We spend a great deal of time crafting requests for documents and interrogatories (questions for the defendant to answer in writing) that are specific, detailed, and tailored to get what we need to prove our case.  Many lawyers – even great ones – think written discovery is a waste of time because defense lawyers typically answer them on behalf of their clients and can try to stonewall with legalese and objections.  We view this as a wonderful opportunity.  In our experience, most defense lawyers can’t help themselves when answering discovery: they over-state their defenses and make assertions that their clients will not be able to support in testimony. So we get to commit the defendant to defenses that they can’t back up, leading to contradictions, confusion, and chaos in their depositions later on.  We also use Requests for Admission – which many lawyers don’t.  The Federal Rules and Minnesota Rules of Civil Procedure allow us to ask defendants to “admit” certain facts.  We send them RFAs that are very difficult for them to deny.  Of course, they do it anyway, but that sets them up later for cost and fee-shifting, which the Rules mandate for defendants that deny RFAs that are later proven true.  And usually, we can get the defendants’ own witnesses to admit facts that their defense lawyers denied in RFA.  That’s a great situation that leads to more chaos and confusion on the defense side.

One last point on written discovery – we send multiple waves of it throughout discovery.  We typically send 3 or 4 sets of written discovery requests to defendants throughout discovery.  This compounds the problems for them, because the defense lawyers continue to overstate their defenses, but now run into contradictions from not just the defendant witnesses’ deposition testimony, but also their own previous discovery responses.  This makes for a great record that we can present to the judge at dispositive motions, and use for impeachment at trial.

This is our chance to question relevant witnesses, on the record with a court reporter (we typically videotape important depositions as well). We get to confront the defense witnesses with all of the evidence we’ve developed through written discovery and document production. By this time, the defendant put its witnesses in an impossible position through its written defenses, which are often untrue and indefensible.  So the witness has to either lie to support the defense, or admit it’s not true.  That’s a dilemma that works for our clients either way, no matter which option the witness takes.  We use depositions to expose contradictions, create a record for dispositive motions, lock witnesses into their stories so that we can impeach them later at trial, and sometimes, to show defense lawyers how hopeless their case is.  We often calls from defense counsel shortly after depositions of their clients, seeking to re-start settlement negotiations.

The defendant will usually make a motion for summary judgment after discovery, asking the Court to throw out the case without having a jury trial. Because we’ve hit discovery so hard – both through written discovery and depositions – this is a tough motion for defense counsel to write in our cases.  We draft our response for the Court and now get to bring everything together: the admissions, contradictions, nonsense, and obvious fact disputes that we’ve uncovered through discovery.  We tell a compelling story that wraps everything together for the Court and makes clear that the defense motion has to be denied, and the defendant needs to face a jury for its conduct.

Sometimes, we’ll even make an affirmative motion for summary judgment, asking the Court to grant judgment in favor of our client without a trial. These motions are generally rare for plaintiffs to make, because the defendant can usually point to some fact dispute on its intent or some other factor that necessitates a trial. But we make affirmative summary judgment motions significantly more than is typical for plaintiffs, and that’s because the work we put in during discovery helps build a fantastic record to do so.

After the Court denies the defense motion for summary judgment, the defendant has only 2 options: 1) do the right thing and pay you a fair amount to our client to settle your claim (usually much, much more at this point than the defendant could have paid at the beginning of the case to settle); or 2) face a jury for its conduct and risk an enormous verdict. This is the dilemma that we have been creating and forcing the defendant into for the entire case. We’ll engage in settlement negotiations at this point from a position of extreme strength, mainly because most defendants are (rightly) terrified of facing a jury to defend their conduct.

This is, candidly, our favorite part of the case – why we went to law school: to hold the powerful accountable before juries.  We prepare heavily for trial, including: detailed witness preparation, focus groups, and mock trials.  At this point, the potential outcomes and consequences for the defendant are much more severe than if it simply did the right thing at the beginning of the case and paid a fair amount to compensate our client for its misconduct.  As we advocate to the jury for our client, we’re also mindful of protecting the record so that defendants will be unsuccessful in attacking the verdict in post-trial motions or appeal.

What Our Clients Say