In order to sue a dentist for medical malpractice, you would be required to prove that you had actually suffered an injury due to sub-standard care provided by the respective dentist. It would be pertinent to mention here that dental malpractice similar to medical malpractice would mean a special kind of negligence lawsuit.
You should rest assured that all negligence lawsuits should be based on how strong is your evidence or proof. There would usually be four aspects required to establish for an LA dental attorney to hold a dentist guilty of medical malpractice, such as:
- Causation, and
Let us delve on how to establish the above stated four aspects to making a strong dental malpractice case.
Duty of a dentist
Your dentist or for that matter every dentist practicing for that matter should comply with the standards of care within the legal stipulations for treating patients. It would be inclusive of having a good standing, adequate education, and geographic location of the dentist to meet the standards set up by law. It would be a mode to implement legally the high level of care any dentist should provide to its patients.
Breach of duty
In the event of the dentist failing in his duty to provide you with the standard of competent care, you should rest assured that the dentist has breached his duty. However, it would be pertinent to remember that the dental malpractice case would not be successful until you prove the lack of standard of competent care provided by the dentist. You would be required to provide detailed testimony about:
- The requisite standard of care in your scenario
- The precise nature of the dentist’s conduct that fell short to meet the standard of care
These aspects would prove the negligence of the dentist in the best manner possible.
It has been deemed the major aspect when it comes to proving dental malpractice. It might be possible that the dentist has breached his or her duty to adhere to the standards of competent care without causing you any kind of harm. In such a scenario, you could seek expert dental opinion to support your claim.
The damages suffered
It has been the final aspect of your dental malpractice case. You should rest assured that without proving the damages occurred; you would not be able to win your case. The damages could be physical, non-economical, or financial. The damages should be caused by the breach of duty by the dentist.
These have been deemed as the four essential aspects that you would require for your dental malpractice case to stand.