Making a Claim
This office handles many types of dental malpractice cases. Common cases representation is provided for include:
Nerve injuries caused by wisdom tooth extraction, dental implant placement or injuries occuring during root canal procedures
Loss of teeth due to undiagnosed or untreated periodontal disease or failure to detect and treat decay
Jaw fracture or other complications from oral surgery
Poorly placed crowns and bridges that exhibit open margins and/or result in occlusion issues
Failed full mouth reconstructions
There is a limited time to make a claim in a dental malpractice case. The failure to make a timely claim can result in a permanent bar to filing your case. Below are the statute of limitations for many dental malpractice claims. If your claim involves a public or government agency, the time to act is even shorter. Fill in our online questionnaire now to start the process.
Statute of Limitations for Adults
California Code of Procedure Section 340.5 sets forth the statute of limitations for dental and medical malpractice cases and provides a two-pronged limitations period. Section 340.5 requires that you file suit no later than one (1) year from the date the patient knew or reasonably suspected that the defendant doctor improperly or negligently treated or advised the patient. Section 340.5 also provides an outside limitations period, requiring suit to be filed no later than three (3) years after first manifestation of injury, regardless of whether the patient was aware or suspicious that the injury was caused by the defendant doctor's treatment. Both the one-year and three-year periods must be satisfied for the suit to be timely filed. Although difficult to prove, fraud or intentional concealment of a foreign body with no therapeutic purpose extends the statute of limitations beyond the three (3) years. Also, both the one-year and three-year statutes are generally tolled while the patient continues treatment with the defendant doctor, although this is not an absolute rule. Statute of limitations issues can be complex, and this discussion is not meant to provide a complete and exhaustive explanation, but merely to inform you that you should not delay in pursuing your claim. Failure to file your lawsuit within the prescribed statutory period will forever prevent you from pursuing your claim.
Statute of Limitations for Minors
California Code of Procedure Section 340.5 sets forth the statute of limitations for dental and medical malpractice cases involving minors (i.e., patients under the age of 18). Section 340.5 requires that suit to be filed within three (3) years from the date of the wrongful act. The statute is generally tolled until the patient discontinues treatment with the defendant dentist. Although difficult to prove, fraud or intentional concealment of a foreign body with no therapeutic purpose extends the statute of limitations beyond the three (3) years. Statute of limitations issues can be complex, and this discussion is not meant to provide a complete and exhaustive explanation, but merely to inform you that you should not delay in pursuing your claim. Failure to file your lawsuit within the prescribed statutory period will forever prevent you from pursuing your claim.
Todd S. Osborne graduated from the University of the Pacific, McGeorge School of Law with distinction in 1995, and was admitted to practice law in the State of California in the same year. Mr. Osborne worked for a law firm in Sacramento representing both plaintiffs and defendants in civil litigation.
Mr. Osborne began his own private law practice in 1999, and has handled dental malpractice cases almost exclusively since that time. In 2018, Mr. Osborne was admitted to practice law in the State of Arizona, and currently maintains both licenses.
Having represented injured patients in dental malpractice cases for over 20 years, Mr. Osborne has significant experience in an area of law that few attorneys practice in.
Completion of the questionnaire will provide important information so that we may analyze and evaluate your dental/medical malpractice case.
In litigation, each side is entitled to discover background and other information concerning a party to a lawsuit. Therefore, please answer all questions, even if the information is embarrassing, or seems unimportant, or irrelevant in order to prevent surprises during litigation. All information you provide is confidential. We may be able to protect harmful information from disclosure if we know in advance, rather than being suddenly confronted at an important event in your case. In addition, your credibility for truthfulness is always important. If you fail to disclose information, which is later discovered, it could seriously jeopardize your case.
Complete the questionnaire.
Do not discuss your case with anyone except your attorneys and family. If you discuss your case with your present treating dentists, or provide your dentist with any information, the dentist may record your discussion, or information, in your treatment records. The defense may later obtain a copy of these confidential documents. You may, of course, discuss your dental treatment with your dentists. Just be sure not to discuss with your dentists legal aspects of your case.
Be sure to notify this office promptly if:
Any additional or new treatment is suggested, including specialist referrals;
Any person not from this office tries to obtain from you information about your case;
You change your address and/or telephone number.
Be sure to send us copies of all treatment records, x-rays, prescriptions, bills, and statements connected in any way with your case. Retain the originals in a safe place.
Keep copies of all materials you send us during litigation, including discovery responses. We suggest you obtain a large envelope or file folder for your legal documents.
We will be happy to discuss your case at any time, in writing or by telephone, and answer your questions after we review the information submitted.