Dentist Objects to Injured Patient Calling Him Incompetent
A dental malpractice lawyer generally must hire a dentist to testify against the dentist he is suing. The dentist that the dental malpractice lawyer hires will explain to the jury how the dentist on trial committed malpractice.
Unless the victim’s attorney hires this dental expert witness, he will likely not win the trial of the case. Indeed, the judge may dismiss the case even before a trial starts.
In a recent case, the dentist sued objected that the dental malpractice lawyer used two experts. The dentist claimed that one of the experts wasn’t qualified. Who was the supposed unqualified expert? The victim!
How so? In the lawsuit, the dental malpractice lawyer accused the dentist of pulling the wrong tooth. The victim testified that the dentist was “incompetent.” The lawyer for the dentist objected. Among the grounds for the objection was that only an expert in dentistry could know whether the dentist was incompetent. And the victim wasn’t a dentist.
Judge Overrules Objection. Dental Malpractice Lawyer Wins.
The judge overruled the objection. The jury came back with a verdict in favor of the victim. Accordingly, the dentist appealed to the Appellate Division of the New Jersey Superior Court.
The appellate court found that the trial judge ruled correctly. The victim could call the dentist incompetent, because “she continued to suffer agonizing pain after the dentist extracted a healthy tooth.”
For my money, any dentist who pulls the wrong tooth out is at least “incompetent.” I could also think of a few other adjectives.
If you are ever the victim of dental malpractice you should contact a dental malpractice lawyer immediately. As in any case, there is a time deadline to sue. Thus, if a lawsuit is not brought on time, you will lose any claim that you may have had.