Blog submitted by Dane Levy Attorney of www.Dentalmal.com, a provider of legal services for those injured by dental malpractice in CaliforniaThere are many dental malpractice case that result in unsuccessful outcomes for many patients. Many Los Angeles dental malpractice lawyer have experience in handling dental malpractice cases. Here are a few areas they consider before taking up a case;
The existence of a duty – This involves showing proof that your dentist had a duty to care for you. This is called a dentist-patient relationship. In this case lawyers will look for documentation that the dentist was treating the patient.
A breach of the standard of care – The next area that lawyers will look into is if the standard of care was violated, given clinically acceptable and recommended circumstances. For example, if your dentist caused nerve damage due to cutting into your gums too far, this would be a violation of the standard of care.
The dentist injured you – Lawyers will look into if your dentist actually injured you.
Proof that the violation of the standard of care caused the injury – Lastly, lawyers will look for information on if your injury occurred due to the dentist negligence. For example, if a patient visits the dentist with a number of cavities and the dentist accidently hits the patient’s gums with the drill that develops into gum recession. This is clear proof of violation of the standard of care which caused the injury.
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