Business Trial Group Files Legal Malpractice Suit for Missed Statute of Limitations
The Business Trial Group has filed a legal malpractice lawsuit on behalf of a client against her former attorney, who failed to timely file her dental malpractice lawsuit.
The Business Trial Group’s client, a resident of Palm Beach County, Florida, underwent dental work by Jason Hersch, DMD and Gentle Dental dentistry group in 2011 through 2013.
Our client alleges that among other things, her dentist failed to properly diagnose periodontal conditions from the outset, and performed dental procedures that fell below the standard of care. Our client was forced to undergo multiple follow-up procedures and incur substantial dental expenses.
Our client subsequently hired an attorney licensed to practice law in the State of Florida to take appropriate legal action against the responsible dentist. But the attorney failed to file any lawsuit within the applicable statute of limitations.
Dental Malpractice Statute Of Limitations
Under Florida law, the statute of limitations for initiating a dental malpractice lawsuit, like a medical malpractice lawsuit, is two years.
Pursuant to the statute of limitations, the defendant law firm needed to file the claim for dental malpractice in 2015. On April 15, 2015, aware of the statute of limitations deadline, the law firm filed a “Petition for Automatic Extension of Statute of Limitations,” which allows for an additional 90 days to file the dental malpractice lawsuit.
The new deadline to file the lawsuit was no later than July 2015. However, the law firm failed to file a lawsuit before this deadline passed.
The Complaint states that, after the deadline passed, the attorney repeatedly told our client there was still ample time remaining to bring the claim, and he continued to represent our current client for years, despite never commencing a lawsuit against the dentist.
The Complaint explains that, in or about April 2019, the attorney informed our client – for the first time – that she could not sue the dentist for dental malpractice because the statute of limitations had expired.
“As a licensed legal professional, Defendant owed Plaintiff a duty to use reasonable care and to render services with that degree of skill, care, knowledge, and judgment possessed and exercised by other members of the legal profession,” the Complaint asserts.
As the Complaint further alleges, the attorney breached his duty owed to our client by failing to timely file the dental malpractice lawsuit against the dentist and otherwise failing to advise, counsel, and perform adequately and competently throughout the representation of our client.
Experienced Legal Malpractice Attorneys
The Business Trial Group has a proven track record of success in legal malpractice cases.
In August 2019, a jury in Brevard County, Florida awarded $1.79 million to the Business Trial Group’s client, a real estate broker, against her former attorney and his law firm.
Our experienced attorneys handle legal malpractice lawsuits on a contingency-fee basis throughout Florida and the country. This means that clients pay no hourly fees, and no fees unless we are successful.
If you have questions about a potential legal malpractice claim, contact us for a free case review.