Blog submitted by Dane Levy Attorney of www.Dentalmal.com, a provider of legal services for those injured by dental malpractice in California.
Dentists can be sued for malpractice, but there are some areas that will need to be proved to be awarded damages. Dental malpractice Los Angeles will look at the following areas before accepting a case. To prove a dental malpractice case, the injured will have to prove that the dentist’s actions were sub-standard. There are four main areas that will be looked at to prove that a dentist was negligent. They are:
A dentist’s duty – Every dentist has a legal duty to comply with the standard of care when treating patients. The standard of care is the level of care a prudent dentist with similar educational background and geographic location will use in similar circumstances.
Breach of duty – If your dentist has not followed the standard of competent care, he has breached his duty. Most dental cases are not clear cut and therefore will require a trained medical expert witness to clarify the situation. An expert witness will identify if the dentist has used the appropriate standard of care under the circumstances and how the defendant dentist’s conduct fell short of the standard.
Proving causation – Your injury should be caused by the actions of your dentist. If the relationship is not strong, your case will be difficult to prove.
Damages – It is important that the injured proves that the dentist’s negligence has caused them physical or financial damage. Other non-economic damages can include embarrassment due to disfigurement.