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Medbook – Medical, Health & Dental Articles & News

What is the Statute of Limitations for Dental Malpractice?

Today, there are more cases being reported of dental malpractice. You can’t always tell if a dentist is experienced enough. Maybe he nearly flunked out of dental school. It’s hard to know about things like this. We all go to the dentist believing he or she has been fully trained and is highly skilled.

In some instances, this is just not true and that can leave patients in a precarious situation. You may be going in to have a wisdom tooth removed. This is a very intense dental surgery that can go wrong and leave the patient with nerve damage in the mouth.

If you’ve been injured by a careless dentist, then you have a right to fair compensation. But there is a statute of limitations on filing your claim. This varies from one state to the next, but in the state of California, here’s the lowdown on the statute of limitations for filing dental malpractice claims:

You have 3 years from the time of the injury to file

You have 1 year from the date of discovering the injury

If this sounds confusing, it is. The law is a little vague about the time limits. In some cases, a judge might allow you to file past the 3 year date. The bottom line is that you should file your case as soon as possible. If you wait, people may forget the details of what happened. A jury might question why you waited so long.

If you live in California, contact attorney, Dane Levy for questions about dental malpractice. As a leading California dental malpractice attorney, Dane Levy will use his expertise to help you file your case. Please visit his website for more information.