Infection Cases From Children’s Dental Group in Anaheim
Hundreds of children may have been infected at the Children’s Dental Group in Anaheim over the last months. A number of children treated at the clinic developed severe infections which in some cases required surgery. The Orange County Health Agency indicated the infections are traceable to the Dental Group’s on-site water supply. See the KTLA News Story here. The Law Offices of Paul W. Ralph is now representing some of these victims.
1. What if You or a Loved One is Injured by Dental or Medical Malpractice?
Because these cases are complicated and often require the support of an expert in the field, be sure to contact an experienced malpractice attorney. What most people don’t know is that certain rules must be followed when presenting a malpractice claim. This is unlike any other type of claim. For example, in a car accident claim, you usually have two years from the date of the accident to file suit. In a malpractice case, with only certain exceptions, the lawsuit must be filed within one year of the alleged malpractice. Otherwise, you will lose your rights.
2. Some of The Rules For Dental and Medical Malpractice Claims
Under California law, when you have been a victim of dental or medical malpractice your claim is subject to certain limitations and rules. First, you are required to give the health care provider a 90-day notice of your intent to sue them before filing the suit. This is intended to allow the doctor or dentist time to resolve the claim before a lawsuit is filed with the court. Another important rule limits the amount of compensation you can recover. In this State, the most an injured party or their family can recover for their pain, suffering and emotional upset is $250,000.00. This limitation has been in effect since 1976, and it applies to nearly all malpractice cases.
3. The First Steps in the Process
After hiring a malpractice attorney, the first step is to gather the pertinent records. Once that has been accomplished and the attorney reviews the documents, the formal claim is presented. Almost always the provider’s insurance carrier will respond with a denial of the claim. The next step is the filing of the lawsuit, followed by litigation and finally resolution. The vast majority of malpractice cases settle short of trial.