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Can I sue a dentist for medical malpractice?

Blog submitted by Dane Levy Attorney of www.Dentalmal.com, a provider of legal services for those injured by dental malpractice in California

A dentist can be sued for malpractice if he/she has been negligent. However, if you have been caused harm at your dentist’s hands, you will have to prove your dentist’s negligence under 4 areas. They are as follows; duty, breach, causation and damages. These 4 areas have been briefly explained below.

A dentist’s duty – Your dentist should comply with the standards of care when treating a patient. This is the standard level in which an ordinary, prudent dentist of similar educational background and geographic location would administer care, under similar circumstances.

Breach of duty – If your dentist does not provide you with the care in line with your local standard, he can be sued for breach of duty. However, an unfortunate or unsuccessful result does not always fall under the breach of duty. This is mainly because dentistry is not an exact science and outcomes may differ from person to person. But if your dentist extracted the wrong tooth or caused nerve damage due to administering an injection incorrectly, he/she can definitely be sued. You can also include dental product liability claims, which are products that have been left in a patient’s mouth or body due to substandard procedures.

Proving causation – This means that you should be able to prove that your dentist’s actions have directly caused you harm.

Damages – Damages will include physical (nerve damage, broken teeth), financial (costs associated with correcting your dentist’s mistakes) or non-economic (embarrassment because your smile has been ruined).

To find an experienced Los Angeles dental malpractice lawyer, look online and contact an established law firm.

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Anyone who has experience any of the above should consult a dental malpractice attorney.

 

Can the police come and arrest me in my home?

The police can come and arrest you at your home. However, under the 4th amendment, there are rights to protect individuals from searches, seizures, and unlawful arrests.

Firstly, it is important to understand the difference between seizures and unlawful arrests. A seizure happens when government agents create a situation where a reasonable person will not feel free to leave an encounter with an agent.

An arrest happens when a policeman takes a person into custody, against their will. This is done usually for purposes of interrogation or criminal prosecution. All arrests in order to be lawful need to adhere to the probable cause requirement. This means that the arrest should be on grounds that there is sufficient knowledge based on trustworthy facts that suggests that the suspect has committed the crime. Law enforcement officials do not need the warrant to arrest someone. However, they will require a warrant to arrest someone in non-emergency situations.

If an official enters your home, they are required to knock and announce their identity, before forcible entry. If this process is not adhered to and an arrest has been made, it can be later found to be unlawful. However, in the case of suspects dealing with drugs, police do not have to follow this procedure. If there are occupants in the home or premises, these occupants can also be detained.