When a root canal goes wrong, it can lead to significant pain, require additional medical treatments, and impose unexpected financial burdens. Our West Palm Beach medical malpractice lawyers have created this guide to help you understand the potential compensation for a failed root canal, how to determine if you’re eligible for compensation, and the steps involved in claiming it under Florida law.
Understanding your rights and compensation
If your root canal procedure failed due to the negligence of a dental professional, you may be entitled to compensation. Here’s what you need to know about the types of compensation and how to pursue them.
Establishing negligence
To claim compensation for a failed root canal in Florida, you must prove that the dentist’s actions were negligent and fell below the accepted standard of dental care. This generally means showing that the dentist made errors that a competent dentist would not have made under similar circumstances.
Types of damages you can recover
Economic damages
These are direct costs such as additional dental treatments needed to fix the issues caused by the initial failed root canal, other medical expenses, and lost wages if you had to miss work due to the procedure.
Non-economic damages
These include compensation for pain and suffering, which covers both the physical pain and emotional distress caused by the failed treatment. In Florida, there are no caps on non-economic damages for most medical malpractice cases, allowing you to claim based on the actual impact of the injury.
Calculating your potential compensation
The amount of compensation depends on several factors:
- Severity and permanency of the injury: More severe and long-lasting injuries typically result in higher compensation.
- Impact on quality of life: If the failed procedure has led to significant lifestyle changes or chronic pain, this could increase the amount of compensation.
- Additional costs incurred: This includes any costs for further dental work, medications, and other related medical expenses.
How Lytal, Reiter, Smith, Ivey & Fronrath can help
Comprehensive case evaluation
We offer free initial consultations to assess the details of your case and discuss your potential routes for compensation. This is the first step in building a robust case to support your claim.
Meticulous evidence gathering
Proving negligence in a dental malpractice case requires detailed evidence. Our firm will gather all necessary documentation to build a strong foundation for your claim, including medical records, expert testimonies, and more.
Expert negotiation with insurance companies
Our experienced attorneys are skilled negotiators who know how to deal with insurance companies that are often reluctant to offer fair settlements. We ensure that any compensation reflects the true extent of your damages and injuries.
Calculating and securing your damages
We thoroughly analyze all aspects of your losses to ensure you receive adequate compensation for current and future needs. This includes ongoing medical costs, potential future earnings losses, and compensation for pain and suffering.
Legal representation in court
While many cases can be settled out of court, we prepare every case as if it will go to trial. This preparation ensures that we are ready to advocate on your behalf effectively before a judge and jury, should it be necessary.
Continuous support and communication
We understand that navigating the aftermath of a failed medical procedure can be overwhelming. Our team is committed to keeping you informed throughout the legal process and providing the support you need to make informed decisions.
No upfront costs
We operate on a contingency fee basis, which means you owe us nothing unless we win your case. This aligns our interests with yours and ensures our full commitment to achieving the best possible outcome.
Learn more about your rights
For more detailed information or to discuss your specific situation, contact Lytal, Reiter, Smith, Ivey & Fronrath at (561) 655-1990. Our expert team is ready to help you understand your legal options and pursue the justice and compensation you deserve.