How to File a Dental Malpractice Claim in Florida

If you or someone you love suffered an injury during a dental procedure, you might be able to seek compensation—but only if the dental professional was negligent. However, to file a dental malpractice claim in Florida, you must do so before the filing deadline passes and obtain a Certificate of Merit attesting to the substandard care you received.

Managing a claim alleging professional negligence can be challenging by yourself. However, a Fort Lauderdale dental malpractice lawyer can help you understand your rights and the at-fault dental professional’s obligations. By filing your injury claim, you can recover your dental and medical expenses, lost income, pain and suffering, and more. 

Define the Specific Dental Malpractice Injury You Suffered in Florida

The first step in filing a dental malpractice claim is determining the negligent act of the medical professional. For example, failing to detect and fill a cavity or failing to adhere to a patient’s medical history could form the basis of a dental malpractice case. 

You could also have a valid claim for any of the following dental errors:

• Misdiagnosis or failure to diagnose
• Lingual nerve damage
• Lack of informed consent
• Anesthesia complications
• Medication errors
• Novocaine injection issues
• Cosmetic dentistry errors
• Tooth or jaw fractures
• Delayed dental treatment
• Unnecessary dental procedures
• Wrong or faulty tooth extractions

No matter how a dental professional might have damaged your oral or general health, you could have the basis of a malpractice claim. A solid evidence file can substantiate your claim and help you recover appropriate damages. 

Start Collecting Evidence to Support Your Dental Malpractice Claim

You want to collect evidence right from the start. Doing so will strengthen your claim and prove your right to recover damages. Most dental malpractice cases will settle without going to court, often based on the accumulated evidence, which can include: 

• Dental bills and records for prescriptions, x-rays, emergency care, restorative treatment, and other required medical care.
• Proof of income from tax records, paycheck stubs, direct deposit receipts, and relevant financial or banking apps.
• Witness statements from dental staff members, other patients, and your family and friends who can attest to your post-procedure experiences.

The evidence you collect should prove the required elements of negligence. It must document the dentist-patient relationship and describe the dentist’s duty of professional care. It should also establish the dentist’s actions that breached their professional duty and create a link between their negligent act, your injuries, and your resulting economic and noneconomic damages. 

Consult Dental Experts for the Required Certificate of Merit

A Certificate of Merit must accompany your lawsuit and attest that a qualified dental expert—one on par with, and equally as qualified as, the dentist who treated you—conducted the required pre-suit investigation. The certificate must include these prerequisites:

• A dental professional must draft and sign it
• The expert must meet the qualification standards
• The certificate must describe the acceptable standard of dental care
• It must describe how your care deviated from the acceptable standard

A dental malpractice lawyer serving Florida can help you secure this critical form by identifying a qualified expert. The required qualifications will vary based on your treating dentist. Dental professionals include an orthodontist, oral and maxillofacial surgeon, pediatric dentist, periodontist, and dental anesthesiologist.

File Your Lawsuit According to Florida’s Statute of Limitations

Every state limits the amount of time to file a civil lawsuit. Florida Statutes § 95.11(5)(c) generally gives you two years to file your dental malpractice lawsuit. If you fail to file your lawsuit on time:

• You could be barred from filing it
• The court will dismiss it out of hand
• The insurer will likely stop negotiating

Complying with the filing deadline can be complicated since it might be hard to pinpoint the precise date a dental injury occurred or the exact date it damaged your health. Due to these factors, the statutory filing date can start on the date the injury occurred or the discovery date. 

Assess the Financial Compensation You Can Request

A dental injury can have long-term financial repercussions—especially if it also compromises your physical health. By proving the negligence that led to your current condition, you can request the following damages:

• Medical bills: Dental and medical expenses, including corrective care and prescribed medications.
• Income losses: Compensation for full- and part-time lost wages and hard-to-prove sources of income.
• Noneconomic damages: Physical pain and suffering, mental and emotional distress, and loss of enjoyment of life.

Please keep all receipts, bills, invoices, and other documentation pertaining to your compensation request. A written prognosis describing future treatment and your statement about the impact of the dental damage on your daily life can substantiate your noneconomic damages. 

Create and Send Your Settlement Demand Letter

Sometimes, an insurance company will make a speedy settlement offer. In most cases, it will not account for all the damages you are entitled to recover since it can take time for all losses to manifest.

After all your expenses and losses are known, you can craft a settlement demand letter that includes the following:

• A description of the dental procedure you underwent
• Your evidence collection, including the Certificate of Merit
• A detailed description of your recoverable damages
• A written demand for fair and appropriate financial compensation
• A request for acknowledgment of your letter and a response

When settlement talks begin, you should understand the phases of the negotiation process—including how to field offers and respond to a low settlement offer.

Contact Our Dental Malpractice Team About Your Florida Claim

If you or someone you love suffered a dental injury or had your health compromised by dental negligence, you could be entitled to compensation. Chalik & Chalik Injury Lawyers will help you file a dental malpractice claim in Florida. Our family will fight for your family and manage all the details of your claim. Let us take on the insurance company on your behalf. 

Focus on your recovery and leave everything else to us. Contact our consultation team today to learn more about filing your dental malpractice claim.