Boca Raton medical malpractice lawyer, Joe Osborne talks about the important aspects of a medical malpractice case involving a dentist.
Just like any doctor who is negligent, a dentist who is negligent can be sued and held liable for a patient’s injuries. In order to receive a settlement or a winning verdict in a malpractice case against a dentist, you have to prove that you suffered an injury that resulted from receiving substandard care from your dentist. Dental malpractice, like medical malpractice, is based upon proving negligence that meets a four-pronged threshold to establish proof. The four parts include duty, breach, causation, and damages.
- Duty – Every dentist is required to comply with the accepted standard of care when treating patients. Standard of care is defined as the level of care that another dentist in good standing, with similar education and experience, would provide in the same or similar situations.
- Breach of Duty – If your dentist doesn’t meet the accepted standard of care in your diagnosis and treatment, then he has violated, or breached, his duty to do so.
- Proving Causation – This is the key aspect of proving dental malpractice. There has to be a causal relationship between your dentist’s failure to meet the standard of care and an injury that you have suffered. In other words, you have to prove that the substandard care or treatment caused you harm.
- Assessing Damages – Lastly, you have to be able to prove that you suffered damages as a result of your injury. In cases where dental malpractice has happened, damages may include physical (broken teeth, nerve damage), financial (lost wages, etc.), and non-economic (pain and suffering, embarrassment, etc.).
These four areas are the foundation for any dental malpractice claim. If you are unable to show each of the four, then you will not have a strong malpractice case. That is why it is crucial that you contact an experienced medical malpractice attorney to help you with your case. A malpractice lawyer will be knowledgeable in these types of cases and will know how to proceed and help you reach the most favorable outcome for you and your family.
Florida Medical Malpractice Attorney Joe Osborne
If you or a loved one has been injured due to negligence on the part of a dentist, Florida medical malpractice attorney, Joe Osborne, can help you with your claim. Contact his law office today at (561) 293-2600, to get started with your case.
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