What qualifies as dental malpractice? Many patients have left the dentist’s office unsatisfied with their dentists’ service, but not all of them have won a dental malpractice case in court. Why is this the case?
There are several things you must be able to prove in court to have a successful dental malpractice lawsuit. First, you must prove that you were your dentist’s patient and they owed you a duty of care. Then, you must prove that your dentist violated the accepted standard of care in the dental community and that you sustained measurable, substantial damages as a result of their actions. The key to understanding whether or not you have a legitimate chance of winning the case lies in the “standard of care” concept.
Standard of care refers to what the average properly trained dentist would have done in a specific situation. In many instances, establishing the standard of care requires the testimony of expert witnesses, such as experienced dentists who have previously encountered the situation a dentist is being sued over. If witnesses agree that a dentist was irresponsible and did not follow the established standard of care, that dentist could be liable for dental malpractice. However, if a dentist did not deviate from the standard of care, they may not be held liable, regardless of how their conduct affected their patient.
Sorting through these details often requires an experienced, knowledgeable dental malpractice attorney. If you need a dental malpractice attorney Los Angeles, contact Dane Levy at the Levy Law Firm today.