Dental Malpractice Claim
A dental malpractice claim is similar to other medical malpractice cases. Certain facts of the case must be proven in order to prove medical negligence. To prove medical negligence you must prove a duty of care, breach of care, causation of injury and damages.
- Duty of Care
The dental provider had a responsibility to provide good dental care.
- Breach of Care
For the dental profession there is a standard level of care which a dental professional is supposed to use to perform their job and a failure to provide this level of care can be considered a breach of care. In order to prove negligence you must prove that another dental professional would not have done the same thing in a similar circumstance. An expert witness may be needed to testify against the dental provider.
- Causation
If the breach of care was the proximate cause of the personal injury you have sustained then causation can be proven. If the dental provider had not made the mistake would you have sustained the personal injury? If yes, then you may have causation.
- Damages
Damages can be any loss you have suffered as a result of the personal injury. This can include lost wages, death, medical bills and pain and suffering. If you have not suffered a loss of any kind you do not have a personal injury claim.
In general terms, the dental provider must have committed an act either intentionally or unintentionally that another dental provider would not have done during the same procedure and the act must have caused serious injury. If you are able to prove these claims then you can file a personal injury lawsuit to receive compensation for your personal injuries.
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