Determining the Value of a Georgia Dental Malpractice Claim: How Much Can You Expect to Receive

Going to the dentist is rarely anyone’s idea of fun. Twice a year, someone’s poking around in your mouth. You care about your oral health and your smile’s appearance but this doesn’t mean you’re looking forward to your dental appointment. 

Just imagine how painful it can be if your dentist makes a medical mistake. When something goes wrong at the dentist, you may have grounds for filing a dental malpractice claim. So, what’s the average GA dental malpractice settlement amount? The answer varies depending on the type of medical error. However, you can take some steps to help protect the value of your dental injury claim.

Common Reasons for Filing a Dental Malpractice Claim in Georgia

The reasons for filing a dental malpractice claim are basically the same whether you call Georgia or another state home. Dental procedures stay the same regardless of where you make your appointment. So, what are some of the common reasons patients file malpractice claims against their dentist?

• Failure to properly diagnose conditions such as oral cancer and Temporomandibular Joint (TMJ)

• Improper tooth extractions

• Improper administration of anesthesia

• Performing procedures without the patient’s informed consent

• Failing to refer the patient to a specialist or treat infections and other complications properly

You may also be able to file a claim if you’re injured or contract an illness if the staff isn’t properly trained or supervised. For example, a dental hygienist isn’t properly trained on how to clean a patient’s teeth without causing pain or injury.

Damages Common in Dental Malpractice Claims

Dental malpractice claims fall under the umbrella of personal injury law. Under this law, you can usually claim both economic and non-economic damages. However, to list the damage you must provide proof so don’t get creative. If you’re claiming your dental procedure resulted in an infection, you’re going to need to supply medical verification.

With that being said, most dental malpractice claims include two types of damages, economic and non-economic losses. The damages you claim are going to affect the overall value of your malpractice claim.

Economic damages include your medical expenses. These are usually costs associated with diagnosing and treating your injuries. Property damage is also considered an economic loss, but it rarely pops up in a dental malpractice claim. Unless the dentist or a staff member manages to damage your property during your appointment, you’re probably not going to list this on your claim.

Any lost income resulting from missed work while you recover from your dental injury is also considered economic damage. If your injuries are severe enough to prevent you from returning to work for the foreseeable future, you may also be able to claim lost future earnings.

Your dental malpractice claim can also include your non-economic damages. These are things like mental anguish, pain, suffering, and loss of life enjoyment to name a few. 

Unlike economic losses, non-economic damages don’t come with handy bills and receipts. This can make calculating their value a little tricky. You also don’t want to omit your non-economic losses since they can make up a significant portion of your claim’s overall value.

Calculating Your Non-Economic Losses

Since you can’t fall back on bills and receipts, you’re going to need to use a formula to calculate the value of your non-economic damages.

The multiplier method is one way to determine value, the other is the per diem method. Both methods are accepted by insurance companies and in court. Which one you use is up to you and your dental malpractice attorney.

• The multiplier method assigns your pain a number between 1.5 and 5. The higher the number, the greater your pain and suffering. Multiply the total of your economic damages by your chosen number. This gives you the value of your non-economic losses.

• The per diem method takes the number of days you experienced pain. The formula also uses your average daily pay rate. Take your average daily pay and multiply this by the number of days you experienced pain. The number represents your total non-economic losses.

A good tip is to use both formulas. You’re probably going to come up with two different values. If the insurance adjuster turns down the first value, you’re ready to respond with a counteroffer. Sometimes, this can help speed up negotiations so you can receive your settlement a little faster.

State Caps on Damage Amounts

Some states place caps on damage amounts awarded in medical malpractice claims. Until 2010, this also applied in Georgia. Previously, the state capped non-economic damage amounts at $350,000.

However, since 2010 the state has removed all caps on economic and non-economic damage values so you don’t need to worry about state law reducing the value of your dental malpractice claim.

What may affect your claim’s value are punitive damage awards. Punitive damages aren’t something you can list on your claim. This type of financial compensation is only awarded by a judge or jury in cases where gross negligence is present. Proving gross negligence also isn’t easy. You must show the healthcare provider acted with malicious intent to cause injuries.

If your claim does qualify for punitive damages, its value can significantly increase. The downside is this also means your claim is a lawsuit going to trial in civil court. This can drag out the claim process for a year or even longer.

Protecting the Value of Your Dental Malpractice Claim

A few factors go into determining how much a dental malpractice claim is worth. This includes the type of injury or illness. The steps you take immediately after the incident can also impact your claim’s value.

To help ensure you are eligible to receive maximum compensation, seek immediate medical attention. Don’t revisit the same dentist, you want to make an appointment with someone other than the individual responsible for causing your injury.

You also want to contact an experienced dental malpractice lawyer. Navigating a medical malpractice claim can be complicated and making a mistake can result in a lower settlement amount.