How and where do I get help for dentist claims – how and where do I find an Expert Witness and Dental Advisor?
How can I get the facts regarding my dental injury?
If you’ve been hurt in or around your face, mouth, or neck and you feel that a form of compensation is due to you, you need someone to provide an impartial opinion to provide the facts to your case.
Equally so, if you have been unable to resolve a dispute with your dentist who you believe is wrong and communication has broken down, you may need to take the matter further.
Should I get a “hired gun” for my dental claim?
Your Lawyer (Legal counsel) will help you fight your case, you want someone who has empathy, understanding and the ability to achieve the desired outcome
An expert witness however, has a responsibility to the court to be honest and impartial. It’s your lawyer’s job to fight your case using the valuable information supplied by the expert witness, in representing you. It is often difficult to get another local dentist to do this due to conflict of interest, lack of commitment to see the case through or suspected opportunism on their part.
Who should I see for a dental injury report?
In an expert witness, you need professional, friendly, honest and cost-effective service to provide the relevant facts accurately and comprehensibly for your counsel and the court, in order to save time and money and make the job of your lawyer easier.
When you do this it helps the lawyer and makes their case stronger for you, this can be of enormous benefit to you and them. It’s a difficult time for you and you need empathy and understanding while the facts are gathered.
What do I need for a dental injury report?
The job of the Expert Witness is to highlight issues otherwise overlooked, and support them scientifically. These reports should be easy to read for the court’s benefit.
Just like your lawyer, the courts do not have the expert skills required and need to be shown what has happened in order for them to assess the true facts and not just the supposition given by the other side. This way your lawyer can fight for a fair and equitable settlement in you favour.
Do I get a second chance to claim for negligence or injury?
You and your lawyer only have one chance to claim and to obtain a fair and equitable compensation.
Awareness of the facts is crucial in doing so, as you don’t get a second chance and if the lawyer doesn’t know about damage done in an area that he or she is not familiar with, your claim and compensation will decrease accordingly.
Attending with a strong case.
The use of proof of fact, [be that in the form of written or verbal testimony, visual test results and/or scientific evidence] is mandatory in these days of limited claimant’s rights.
The claimant needs alas to be well armed with facts – to the opposing council who certainly will be.
If you feel that from an oral, dental, head, neck or jaw viewpoint there is more than has been discussed, ask your lawyer for his opinion of retaining an expert in this field to reveal and reinforce the facts of the case.
I’ve offered the services of an Independent Expert Witness in dental matters for some time now, including clinical assessments, reports and attending court and hearings when necessary.
I have a long and varied career and enjoyed working with other great dentists in many different locations and countries. I’ve spent a great deal of time on continuing professional education and that education, combined with skill and experience, balanced with honesty and common sense allows me to be a valuable asset to those finding themselves injured in this area. Honesty, communication, evidence and facts are what is required.
Avoiding Court altogether
Most people don’t want to go to court (nor do I) however, if it’s necessary to see a fair and just result, so be it.
On the other hand, a capable Expert Witness may be able to write a compelling case with evidence that the other side choses not to disagree with.
If I can help the case settle early, I’m a happy man – it saves time, money and stress (including freeing up the courts to do other things).
What don’t lawyers know in dental negligence?
Unfortunately in BC, many lawyers are not aware of expert witness services in dentistry, the ideal lawyer is the man or woman who ‘knows what they don’t know’, not the ones who ‘don’t know what they don’t know’.
An honest and frank discussion with them at the outset should put you at ease, if the lawyer doesn’t know about the value of an expert witness in your case and is disinterested, I would humbly recommend a second opinion.
I believe that any good lawyer who reads these words will agree – it’s just the same in dentistry!
Stephen Bray DDS 2019