Atlanta Dental Malpractice Attorney

When a visit to the dentist goes wrong, it can lead to serious injuries or complications. If you or a loved one has suffered due to negligent dental care in Atlanta or any other part of Georgia, you may need the assistance of an experienced Atlanta dental malpractice attorney. The Wetherington Law Firm has a team of dedicated medical malpractice lawyers ready to help you get the compensation you deserve.

At the Wetherington Law Firm, we specialize in helping victims of personal injuries like dental malpractice in Atlanta, GA. Our skilled Atlanta dental malpractice lawyer knows how to handle complex dental negligence lawsuits. We work to show how the dentist or medical professional failed to meet the standard of care required by law. With our experience, we will guide you through the legal process, making sure your rights are protected.

To build a strong case, we gather medical records, consult with experts, and work closely with you to understand the full extent of your injuries. Whether you’re dealing with long-term pain, additional surgeries, or even disability due to a dental injury, we will fight for fair compensation for your suffering.

After a dental malpractice incident in Atlanta, victims face immense challenges, from enduring painful corrective surgeries to navigating complex medical malpractice claims against powerful dental practices or insurers. Insurance companies may downplay the severity of your injuries, offer inadequate settlements, or shift blame, while critical evidence like treatment records or X-rays can vanish. You need an experienced dental malpractice attorney by your side to help you defend your rights and seek justice for medication injuries.

Georgia’s modified comparative negligence rule (O.C.G.A. § 51-12-33) may reduce compensation if you’re found partially at fault, and the two-year statute of limitations (O.C.G.A. § 9-3-71) adds urgency, especially under the stricter standards of the 2025 Georgia Tort Reform Law (effective April 21, 2025). With many restrictions from the 2025 Georgia Tort Reform Law, there is a greater need for a dental malpractice attorney in these claims than ever. 

Led by Matt Wetherington, a Georgia Super Lawyer, our dental malpractice attorneys, with over $100 million in verdicts, provide expert representation across Fulton and DeKalb Counties. Contact us for a free consultation to start your dental malpractice claim. Call our dental malpractice lawyer at (404) 888-4444 or fill out our free consultation form today.

What is Dental Malpractice?

Dental malpractice occurs when a dentist or other dental professional provides care that falls below the accepted standard, resulting in harm or injury to the patient. Like other forms of medical malpractice, this happens when a healthcare provider acts in a negligent way, either through action or by failing to act.

Some common examples of dental negligence include:

• Nerve damage during procedures, like tooth extractions or root canals.
• Infections caused by unsterilized tools or improper aftercare.
• Failure to diagnose serious oral conditions like gum disease or oral cancer.
• Wrongful tooth extraction or other unnecessary treatments.
• Anesthesia errors, leading to severe complications or even death.

For a case to be considered dental malpractice, a few key elements must be present:

1. Duty of Care: The dentist must have had a professional relationship with the patient, meaning they were responsible for providing care.
2. Breach of Duty: The dentist’s actions (or lack of action) must have deviated from the accepted standard of dental care.
3. Injury: The patient must have suffered an injury as a direct result of the dentist’s negligence.
4. Damages: The injury must have caused actual harm, such as pain, medical bills, or the need for further treatment.

Patients who experience dental injuries may be entitled to compensation through a dental malpractice lawsuit. This compensation can help cover medical bills, lost wages, pain and suffering, and any future treatment related to the injury.

If you believe you’ve been harmed due to poor dental care, consulting with a qualified dental malpractice attorney can help you understand your rights and the steps needed to pursue a claim. Contact us for a free consultation today! 

What Are the Qualities to Look for in a Dental Malpractice Lawyer?

Choosing the right Atlanta dental malpractice lawyer is crucial for dental malpractice claims, as these cases involve complex medical malpractice disputes, significant damages, and resistant insurers, compounded by the 2025 Georgia Tort Reform Law’s procedural hurdles. A skilled dental malpractice attorney secures compensation for your medical costs, lost income, and suffering. Here are key qualities to seek:

• Expertise in Dental Malpractice Cases: Your dental malpractice lawyer must understand Georgia’s medical malpractice laws (O.C.G.A. § 51-1-27), dental standards of care, and the complexities of proving fault in procedures like implants or extractions. They should be able to deal with how the 2025 Georgia tort reform law affects your claim. Experience with Atlanta cases, like nerve injuries at Piedmont dental offices, and analyzing dental records or expert testimony is essential. Our team excels at proving negligence.
• Compassion and Client Focus: Your dental malpractice attorney should empathize with your pain, whether you’re a professional in Sandy Springs facing disfigurement or a parent in East Point worried about a child’s injury. We offer clear communication and personalized care.
• Negotiation Prowess: Insurers often minimize injury severity or exploit tort reform rules, like actual medical cost evidence, to reduce payouts. A skilled dental malpractice lawyer uses dental expert testimony and damage analyses to counter these tactics, maximizing recoveries across Georgia.
• Trial Experience: With bifurcated trials under the new tort reform law, your lawyer must be trial-ready. Our dental malpractice attorneys, including Robert Friedman and James Cox, have a history of courtroom success in Georgia’s courts.
• Local Knowledge of Atlanta: Familiarity with Atlanta’s dental practices, like those on Peachtree Road or in Lenox Square, helps pinpoint liability in dental malpractice hotspots. Our Atlanta-native team leverages this expertise.
• Contingency Fee Structure: No upfront fees; we only charge if you win (typically 33%–40% in Georgia). Free consultations ensure transparency.
• Maximizing Compensation: We pursue all damages, including future care and pain and suffering (O.C.G.A. § 51-12-5), working with oral surgeons and economic experts.

Ready to hire a dental malpractice attorney? Call Wetherington Law Firm at (404) 888-4444 or fill out our free consultation form today.

Common Types of Dental Malpractice Cases

Dental malpractice cases arise when a dentist or oral surgeon’s actions cause harm to a patient through negligence or failure to meet the standard of care. Here are some of the most common types of dental malpractice cases:

1. Nerve Damage: One of the most frequent claims involves nerve damage, particularly during procedures like wisdom tooth extractions or root canals. If the dentist improperly handles the procedure, it can result in permanent numbness, pain, or even loss of sensation in the lips, tongue, or face.
2. Infections: Infections can occur when proper sterilization procedures are not followed, or when patients aren’t given the correct instructions for aftercare. Left untreated, infections can spread, leading to serious health complications, including hospitalization.
3. Misdiagnosis or Failure to Diagnose: Dentists are responsible for identifying oral health issues, such as gum disease, oral cancer, or cavities. When they fail to diagnose or misdiagnose a condition, the problem can worsen, requiring more invasive treatments or causing irreversible harm.
4. Wrongful Tooth Extraction: Removing the wrong tooth or performing an unnecessary extraction is another common type of dentist malpractice. This can cause not only cosmetic issues but also long-term damage to the alignment of your teeth, requiring further treatment or surgery.
5. Anesthesia Complications: Anesthesia errors, particularly in oral surgery, can have severe consequences. Administering too much anesthesia, or failing to properly monitor the patient, may lead to allergic reactions, brain damage, or even death.
6. Failure to Obtain Informed Consent: Before undergoing dental procedures, patients must be informed of the risks and alternatives. If a dentist performs a procedure without the patient’s informed consent, it could result in a dental negligence lawsuit, especially if complications arise.
7. Faulty Dental Work: Poorly done dental work, such as improperly placed crowns, bridges, or implants, can cause ongoing discomfort or necessitate corrective surgery. In some cases, faulty dental work may even worsen the patient’s condition, leading to additional costs and pain.

If you or someone you know has experienced one of these types of dental malpractice, it’s important to seek legal help. A dental malpractice attorney in Atlanta can help you determine if you have a valid claim and pursue compensation for dental injuries. Contact us today for free consultation. 

How a Dental Malpractice Lawyer Can Help

At Wetherington Law Firm, we ease your burden after a dental malpractice incident. Here’s how we support you:

• Free Consultation: We assess your case, explain Georgia laws, including the 2025 tort reform impacts, and outline options at no cost.
• In-Depth Investigation: We collect dental records, X-rays, witness statements, and expert testimony to prove negligence by dentists, hygienists, or clinics.
• Maximizing Compensation: We calculate all losses, including medical bills, corrective treatments, and emotional trauma, navigating tort reform’s damage caps for full recovery.
• Negotiating with Insurers: We handle insurance companies, countering lowball offers or blame-shifting tactics, even under new evidentiary rules.
• Court Representation: If needed, our trial-tested attorneys advocate fiercely in Georgia’s courts, adapting to bifurcated trials and securing over $100 million in verdicts.

Led by Matt Wetherington, our firm helps Atlanta victims from Brookhaven to College Park seek justice after devastating dental malpractice injuries.

How to Prove Dental Malpractice in Georgia

Proving dental malpractice in Georgia requires showing that a dentist or oral surgeon acted negligently, leading to harm. While dental malpractice laws can vary by state, in Georgia, there are specific legal steps you must follow to build a strong case. To succeed in a dental malpractice lawsuit, the plaintiff (injured party) must establish the following key elements:

1. Duty of Care

First, you need to prove that the dentist owed you a duty of care. This is typically easy to establish if you had an official patient-dentist relationship, meaning the dentist was responsible for providing the appropriate level of care.

2. Breach of Standard of Care

In any dental malpractice case, you must demonstrate that the dentist breached the standard of care. The standard of care refers to the level of care and skill that a reasonably competent dentist would provide under similar circumstances. If the dentist’s actions fell short of this, you can claim negligence. Examples include misdiagnosis, improper tooth extraction, or failing to inform the patient of potential risks.

In Georgia, this usually requires expert testimony from another dental professional to explain what the standard of care is and how the defendant (your dentist) failed to meet it.

3. Causation

Proving causation is essential. You must show that the dentist’s breach of duty directly caused your injury or worsened your condition. It’s not enough to show that the dentist made a mistake; you must prove that their actions were the direct cause of your injury. This can be challenging without a clear link between the negligence and the resulting damage.

4. Damages

The final element is demonstrating the damages caused by the malpractice. Damages can include:

• Physical pain and suffering
• Medical bills for additional treatment or corrective procedures
• Lost wages if the injury impacted your ability to work
• Emotional distress resulting from the injury

Filing a Dental Malpractice Lawsuit in Georgia

In Georgia, a dental malpractice lawsuit must be filed within a specific time period. The statute of limitations is generally two years from the date of the injury. However, in some cases where the injury was not immediately apparent, the time frame may be extended, but not beyond five years from the date of the malpractice.

Additionally, Georgia law requires a plaintiff to file an “affidavit of merit” with the lawsuit. This affidavit must be signed by a qualified dental expert who supports your claim and explains how the dentist’s actions violated the standard of care.

Step 1: Determine if You Have a Valid Malpractice Claim

Before taking legal action, assess whether the dentist’s actions constitute malpractice. To have a valid claim, you must prove:

• A dentist-patient relationship existed.
• The dentist violated the standard of care expected of professionals in similar circumstances.
• That negligence directly caused your injury.
• You suffered damages (e.g., physical harm, medical costs, lost wages, or pain and suffering).

Common examples of dental malpractice:

• Nerve injuries during extractions or root canals
• Misdiagnosis or delayed diagnosis of conditions
• Failure to detect oral diseases or infections
• Conducting unnecessary procedures
• Poor sterilization practices causing infection

Step 2: Check Georgia’s Statute of Limitations

Georgia law sets strict time limits for filing malpractice lawsuits:

• 2 years from the date of injury (standard deadline)
• Up to 5 years if the injury was not immediately discoverable
• 1 year from discovery if a foreign object was left in the body

Missing these deadlines may result in your case being dismissed, regardless of merit.

Step 3: Collect Evidence and Dental Records

Strong documentation is essential. Request and organize your complete dental records and any related information:

• Treatment and procedure notes
• X-rays and imaging
• Billing statements
• Communication with the dentist or office staff
• Any second opinions or corrective procedures

This evidence helps demonstrate the standard of care was breached and connects it to your injury.

Step 4: Consult a Dental Malpractice Attorney

It is crucial to work with an experienced malpractice lawyer licensed in Georgia. They will:

• Evaluate the strength of your case
• Help gather expert testimony
• Handle filings, deadlines, and procedural requirements
• Negotiate with insurers or opposing counsel

Most dental malpractice attorneys offer free consultations and work on a contingency fee basis, meaning you pay nothing unless you win.

Step 5: Obtain an Expert Affidavit (Required in Georgia)

Under O.C.G.A. § 9-11-9.1, Georgia law requires you to file your lawsuit with an expert affidavit. This is a sworn statement from a qualified dental professional confirming:

• The care provided fell below the accepted standard
• This failure likely caused your injury

Without this affidavit, your case will likely be dismissed by the court.

Step 6: File the Lawsuit in the Appropriate Court

Your attorney will file a civil complaint in a Georgia state court. The complaint includes:

• Names of the parties involved
• A detailed account of the dentist’s alleged negligence
• The harm suffered and damages sought
• The attached expert affidavit

This officially begins the legal process.

Step 7: Engage in Discovery

Once the lawsuit is filed, both parties enter the discovery phase, where they exchange information. This includes:

• Interrogatories (written questions)
• Depositions (oral testimonies under oath)
• Expert witness reports
• Medical evaluations

Many cases settle at this stage if strong evidence of negligence is presented.

Step 8: Attempt Settlement or Proceed to Trial

Depending on the strength of your case and willingness of both parties, your attorney may:

• Negotiate a settlement to avoid trial
• Proceed to a jury or bench trial where evidence is presented and a verdict is rendered

If successful, the court will award compensation based on the damages proven.

Step 9: Recover Damages

You may be entitled to recover:

• Medical expenses (past and future)
• Lost wages or diminished earning capacity
• Pain and suffering
• Corrective procedures or ongoing care
• Punitive damages (in rare cases of egregious misconduct)
  

What are the Common Types of Dental Malpractice Injuries in Atlanta Cases?

Dental malpractice injuries vary in severity, impacting treatment costs and compensation. Common types we see include:

• Nerve Injuries: Lingual or inferior alveolar nerve damage from extractions in Midtown, causing numbness or chronic pain.
• Infections: Sepsis or abscesses from improper sterilization in Buckhead, requiring hospitalization.
• Tooth Loss: Unnecessary extractions or failed implants in Decatur, leading to costly restorations.
• Jaw Injuries: Fractures or TMJ disorders from negligent procedures in Chamblee, impairing chewing or speaking.
• Anesthesia Errors: Overdoses or allergic reactions in Marietta, causing respiratory distress or organ damage.

These injuries result in costly treatments, disability, and emotional distress. In Georgia, you can seek economic and non-economic damages (O.C.G.A. § 51-12-5), though tort reform limits pain and suffering awards. We ensure all losses are addressed.

Call Us Today > (404)-888-4444

What Compensation Can You Recover in a Dental Malpractice Claim?

If you’ve suffered from dental malpractice, you may be entitled to various forms of compensation. The goal of a dental malpractice lawsuit is to recover damages for the harm caused by a dentist’s negligence. The type and amount of compensation you can recover depend on the specifics of your case, but here are the main categories of damages typically awarded in dental malpractice claims:

1. Medical Expenses: One of the most common forms of compensation is the cost of additional medical treatment. If you’ve been injured due to dental negligence, you may need further dental procedures or surgeries to correct the problem. Compensation can cover:

• Emergency room visits
• Corrective dental work
• Medication costs
• Future medical treatments related to the injury

These expenses can quickly add up, especially if long-term care is required to address the damage caused by the original dentist’s mistake.

2. Lost Wages: If your dental injury caused you to miss work, you can seek compensation for lost wages. This includes the income you lost while recovering from the injury or attending medical appointments. If the injury has impacted your ability to work in the future, you may also be entitled to future lost earnings.

3. Pain and Suffering: Pain and suffering refers to the physical and emotional distress caused by your injury. In dental malpractice cases, pain from nerve damage, complications from infections, or ongoing discomfort from a botched procedure can significantly affect your quality of life. Emotional trauma, such as anxiety, depression, or embarrassment, especially if the malpractice caused visible damage to your appearance, can also be included in this category.

4. Permanent Disability or Disfigurement: If the malpractice results in permanent disability, such as the loss of sensation due to nerve damage or the disfigurement of your teeth or face, you may be entitled to compensation for the long-term effects. These damages are more difficult to quantify but play a crucial role in the overall recovery.

5. Loss of Enjoyment of Life: If your dental injury prevents you from enjoying activities you once participated in, you may seek compensation for the loss of enjoyment of life. For example, if dental malpractice impacts your ability to eat, speak clearly, or engage in social activities, this can be factored into your claim.

6. Punitive Damages: In rare cases, if the dentist’s behavior was especially reckless or intentional, you may be awarded punitive damages. These are meant to punish the wrongdoer and deter similar behavior in the future. However, punitive damages are not commonly awarded in dental malpractice cases unless the negligence was extreme.

Steps to Take After Dental Malpractice

If you believe you’ve been harmed due to dental malpractice, it’s important to act quickly to protect your health and legal rights. Below are the essential steps to take after dental malpractice:

1. Seek Immediate Medical Attention

Your health is the priority. If you are experiencing pain, infection, or other complications after a dental procedure, seek immediate medical attention from another dentist or healthcare provider. This will not only help you recover, but it also documents your injuries and shows that you took steps to address the harm right away.

2. Document Your Injuries

It’s important to keep detailed records of the injury caused by the dental negligence. Take notes on the symptoms you experience and how they affect your daily life. Photos of visible injuries, such as swelling or improper dental work, can also serve as strong evidence. Keep all related documentation, including prescriptions, invoices, and medical reports from other healthcare providers.

3. Request Your Dental Records

Request a complete copy of your dental records from the dentist or dental office involved in the malpractice. These records are crucial for proving that the treatment provided did not meet the standard of care. Be sure to include X-rays, procedure notes, and communication about your treatment.

4. Contact a Dental Malpractice Attorney

Consult with a dental malpractice attorney as soon as possible. A skilled attorney can evaluate your case and explain your legal options. They will help you gather evidence, find expert witnesses, and file the necessary paperwork. In Georgia, you must file a malpractice lawsuit within the statute of limitations (usually two years from the injury), so don’t wait too long.

5. File a Complaint with the Dental Board

You may also consider filing a complaint with your state’s dental board. In Georgia, you can report dental negligence to the Georgia Board of Dentistry. While this step won’t result in compensation for your injury, it can lead to disciplinary actions against the dentist, and your complaint may support your legal claim.

6. Gather Evidence and Witnesses

To strengthen your dental malpractice case, collect as much evidence as possible. This includes:

• Your medical and dental records
• Any correspondence with the dental office
• Witnesses who can support your claim (such as family members or other healthcare providers)

Additionally, your attorney will likely bring in an expert witness (another dental professional) who can testify about how the treatment you received deviated from the standard of care.

7. Keep a Record of All Expenses

Track all expenses related to your injury, such as:

• Medical bills for corrective procedures
• Prescription medications
• Lost wages if your injury caused you to miss work
• Travel expenses for medical appointments

These will help your attorney calculate the compensation you may be entitled to.

8. Prepare for Legal Action

Your attorney will help you file a dental malpractice lawsuit if you have a strong case. This process may involve negotiating a settlement or going to trial. In Georgia, you must also submit an affidavit of merit, which includes a statement from a qualified dental expert explaining how the dentist’s actions were negligent.

What Are the Common Causes of Dental Malpractice in Atlanta, GA?

Dental malpractice often results from preventable negligence, causing severe harm. Common causes include:

• Improper Procedures: Botched root canals or implants in Midtown, violating standards of care.
• Misdiagnosis: Failure to detect oral cancer or infections in Buckhead, delaying critical treatment.
• Anesthesia Errors: Incorrect dosing or ignored allergies in Decatur, causing serious complications.
• Inadequate Sterilization: Contaminated tools in Chamblee, leading to infections like sepsis.
• Lack of Informed Consent: Performing procedures without explaining risks in Sandy Springs, breaching patient rights.

Under Georgia law (O.C.G.A. § 51-1-27), negligent parties must be held accountable. Our team uses dental records and expert testimony to prove fault.

How Is Liability Determined in Dental Malpractice Cases in Atlanta, Georgia?

Determining liability in dental malpractice cases in Atlanta is critical to securing compensation for injuries from errors at dental offices on Roswell Road, clinics in College Park, or practices in Roswell. Under Georgia’s medical malpractice laws (O.C.G.A. § 51-1-27), liability depends on proving negligence:

• Duty of Care: Defendants, like dentists or hygienists, owe a duty to meet professional standards at facilities like Lenox Dental or Northside Dental.
• Breach of Duty: A breach occurs when a dentist botches an extraction or fails to diagnose an infection, leading to injury in Buckhead.
• Causation: The breach directly causes the injury, like a nerve injury from a negligent implant, linked by X-rays or dental testimony.
• Damages: You suffered losses, like medical bills or chronic pain, documented through records from Emory Hospital.

The 2025 Georgia Tort Reform Law imposes stricter evidentiary standards (e.g., actual medical costs) and procedural challenges like bifurcated trials, while Georgia’s comparative negligence rule (O.C.G.A. § 51-12-33) may reduce compensation if you’re partially at fault (e.g., not reporting symptoms). Our dental malpractice attorneys counter with robust evidence, building strong cases in courts from Fulton to DeKalb County. Act within Georgia’s two-year statute of limitations (O.C.G.A. § 9-3-71).

Who Can Be Sued in a Dental Malpractice Case in Georgia?

Several parties may be liable in a dental malpractice case, depending on the circumstances:

• Dentists: Liable for negligent procedures, like botched implants at Midtown clinics.
• Dental Hygienists or Assistants: Responsible for errors, like improper cleanings in Buckhead, under O.C.G.A. § 51-1-27.
• Dental Practices or Clinics: Liable for systemic issues, like inadequate training in Decatur.
• Hospitals: Responsible for dental care errors in Chamblee hospital-affiliated clinics.
• Equipment Manufacturers: Liable for defective dental tools in Marietta, triggering product liability claims.

How the April 2025 Georgia Tort Reform Law Affects Dental Malpractice Claims in Atlanta, GA

The April 2025 Georgia Tort Reform Law, signed into law by Governor Brian Kemp on April 21, 2025, as Senate Bill 68, introduces significant changes that directly affect dental malpractice claims in Atlanta, making it harder to achieve full compensation. These reforms aim to curb “nuclear verdicts” and lawsuit abuse but impose new challenges for victims of dental negligence. Key impacts include:

• Lower Damage Awards: Compensation for medical expenses is limited to actual costs paid, not billed, impacting dental malpractice victims requiring costly corrective treatments at facilities like Emory Hospital. This eliminates “phantom damages” (inflated bills written off or unpaid). Bans on “anchoring” pain and suffering damages, which prohibit referencing unrelated high figures (e.g., corporate profits), shrink awards for chronic pain or disfigurement (O.C.G.A. § 51-12-5). Punitive damages, relevant in cases of gross negligence like ignored infection risks, are capped at $500,000 ($1 million for intentional misconduct).
• Procedural Challenges: Bifurcated trials, separating liability and damages, may weaken jury sympathy for dental malpractice victims’ suffering, reducing payouts. For example, in cases involving nerve injuries at Peachtree Road clinics, juries assess fault before damages, potentially lowering awards for corrective care.
• Automatic Discovery Stays: When defendants file dismissal motions, a 90-day discovery stay delays evidence collection, such as dental records or X-rays, critical for proving negligence in Midtown error cases.
• Funding Restrictions: Limits on third-party litigation funding and transparency requirements, effective January 1, 2026, may hinder victims’ ability to finance lawsuits, particularly for complex cases against dental practices in Decatur. Funders must register and disclose involvement, potentially exposing them to liability.
• Limits on Damage Arguments: Attorneys must tie non-economic damage requests to trial evidence, restricting persuasive analogies in closing arguments, which could lower compensation for nerve damage or emotional distress.
• Single Recovery of Attorneys’ Fees: Victims can recover attorney fees only once per case, preventing duplicative awards but potentially reducing overall recovery if multiple defendants (e.g., dentist and clinic) are involved.
• Evidentiary Restrictions: The law limits evidence of defendants’ financial resources or prior errors unless directly relevant, complicating efforts to prove patterns of negligence in dental malpractice cases at Buckhead practices.

These changes make it harder for dental malpractice victims to recover fair compensation, especially under Georgia’s modified comparative negligence rule (O.C.G.A. § 51-12-33), which reduces awards if you’re partially at fault (e.g., not following post-procedure instructions). Critics, including the Georgia Trial Lawyers Association, argue the law favors insurance companies and limits victims’ access to justice, with no guaranteed reduction in insurance premiums, as studies from Americans for Insurance Reform show tort reforms often fail to lower costs. There is a greater need to work with a dental malpractice lawyer as soon as possible.

How Wetherington Law Firm Navigates Tort Reform for Dental Malpractice Claims

At Wetherington Law Firm, our Atlanta dental malpractice lawyers adapt to the 2025 Georgia Tort Reform Law to maximize your recovery:

• Expert Evidence Collection: We act swiftly to gather dental records, X-rays from Piedmont Hospital, and expert testimony from oral surgeons, overcoming discovery stays to prove negligence by dentists or clinics.
• Strategic Liability Arguments: We counter evidentiary limits with robust evidence, such as treatment logs or staff credentials from Roswell Road practices, to establish breaches of care.
• Maximizing Damages: We calculate actual medical costs and use damage experts to justify pain and suffering, navigating bans on anchoring to secure fair awards for corrective care or disability.
• Trial Expertise: Our attorneys, including Robert Friedman and James Cox, excel in bifurcated trials, presenting compelling liability and damage cases to juries in Fulton County Superior Court.
• Contingency Fees: No upfront costs; we only charge if you win (typically 33%–40% in Georgia), easing financial burdens despite funding restrictions.
• Countering Defenses: We challenge insurer tactics exploiting comparative negligence or limited evidence, ensuring the at-fault party bears primary fault.

Why Choose Wetherington Law Firm?

1. Specialized Expertise: At Wetherington Law Firm, we possess in-depth knowledge and experience in handling personal injury and wrongful death cases including dental malpractice cases. This ensures that our clients benefit from specialized legal strategies tailored to their unique situations.
2. Proven Track Record: Our firm boasts a history of successful settlements and favorable verdicts in personal injury cases. This showcases our ability to effectively advocate for our clients’ rights and secure optimal outcomes.
3. Client-Centered Approach: We prioritize providing personalized and attentive legal representation. At Wetherington Law Firm, we understand each client’s specific needs and circumstances, ensuring that you feel supported and informed throughout the legal process.
4. Comprehensive Legal Support: From the initial investigation to courtroom representation, we offer full-service legal support. Our team diligently gathers evidence, consults with expert witnesses, and prepares robust cases to help you achieve justice and fair compensation.
5. Community Commitment: Beyond our legal expertise, we are dedicated to serving and improving local communities in Atlanta. Our commitment to legal advocacy and community involvement demonstrates our dedication to making a positive impact both inside and outside the courtroom.

Call Us Today > (404)-888-4444

Contact Our Georgia Dental Malpractice Lawyer

After a dental malpractice incident, swift action is essential to secure evidence like dental records, X-rays, and witness statements, critical for dental malpractice claims, especially under the new April 2025 Georgia Tort Reform Law’s stricter rules. Time is critical due to Georgia’s two-year statute of limitations (O.C.G.A. § 9-3-71). Call Wetherington Law Firm at (404) 888-4444 or fill out our free consultation form today to fight for justice and compensation for your injuries.

Frequently Asked Questions

What if I was partially at fault for the dental malpractice injury?

Georgia’s modified comparative negligence rule (O.C.G.A. § 51-12-33) allows recovery if you’re less than 50% at fault, but compensation is reduced. We counter blame-shifting tactics with evidence.

Can I file a claim if the injury wasn’t immediately diagnosed?

Yes, dental malpractice injuries like infections often manifest later. We use medical records and specialist testimony to prove the error’s cause.

How long does a dental malpractice claim take?

Claims may settle in months if liability is clear, but disputed cases, especially with tort reform’s bifurcated trials, can take a year or more. We prioritize efficiency while maximizing compensation.

Should I speak to the insurer after a dental malpractice incident?

Avoid direct contact without a lawyer. Statements may weaken your claim, especially under new tort reform rules. We handle communications to protect your rights.

What evidence strengthens a dental malpractice claim?

Strong evidence includes:

• Dental records or treatment notes detailing the error
• X-rays and medical records from Emory or Grady
• Photos of injuries or defective work
• Witness statements from staff or patients
• Expert reports from oral surgeons or dental specialists