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