Caution! Do Not Automatically Reject Dental Malpractice Cases

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Julianna Merback Burdo partner with Wapner, Newman, Brecher & Miller. Courtesy photo


I believe that I stand among the very few who have consistently handled plaintiffs dental malpractice cases. Some of you reading this may already direct calls my way that you receive from disgruntled dental patients. But I suspect that the bulk of you have a well-established intake philosophy that instinctively turns away most of these callers. After all, plaintiffs lawyers who handle medical malpractice cases cling to the notion that the value of a dental malpractice case cannot possibly outweigh the case costs. Realistically, can any dental malpractice case yield a meaningful economic result for your firm or the prospective client? I implore each of you to keep reading and, in the future, be less inclined to hit the proverbial “No” button when calls from the prospective clients complain of care received by a dental provider.

The dental cases that I have litigated over the last two decades have consistently produced six and even seven figure results. My practice niche was born from working with my then-husband, a board-certified Periodontist trained at the University of Pennsylvania, who spent tireless hours teaching me about things like tooth preservation, esthetic smile zones, occlusal surfaces, and the importance of the oral cavity. I learned about dental radiographs and their critical role in the practice of dentistry. I developed a complex understanding of general dentistry and how it differs from specialized dental practices including prosthodontics, endodontics, periodontics, orthodontics, and oral and maxillofacial surgery. Through trial and error, I cultivated a dental malpractice business model that has one very simplified mantra: the best dental cases are the ones that have nothing to do with teeth.



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