America has given all of its fifty states the ability to create and enforce their own state laws, as expressed in the different state constitutions. While there are some commonalities, there are also areas in which it’s important to know and understand the differences. This extends even to very specific parts of the law, such as laws related to dental malpractice. If you’re planning to sue your dentist for malpractice in the state of California, there are some state law differences you need to be aware of.
The main steps for proving dental malpractice are generally the same throughout the states. To win a malpractice lawsuit, you must prove that your dentist owed you a care of duty and breached the accepted dental standard of care. You must also show that you incurred documentable damages or injuries and that your dentist’s actions are directly responsible for your damages.
However, California has a statute of limitations that requires medical malpractice lawsuits to be filed no more than three years after the plaintiff was injured or one year after the plaintiff discovers their injury. If you wait until after this deadline, you won’t be able to file the lawsuit. You are also required to provide a formal notice to the medical professional you plan to sue at least 90 days before you file your lawsuit. The defendant should be aware of your losses and injuries, as well as the legal nature of your claim.
These are only a few of the differences that might affect your case in California. It’s important to have a knowledgeable California dental malpractice lawyer who can help you make sense of the state law. Dane Levy is a highly educated and experienced attorney with a track record of success in dental malpractice cases. Contact him today if you live in California and are planning to file a malpractice lawsuit.