Medical Malpractice can apply to dentistry as well. The practice of dental medicine is not an exact science, and there are no guarantees that any particular treatment will be successful or will sufficiently prevent future complications. However, there are cases where a dentist clearly breaches the standard of care.
Breach of Duty
If your dentist fails in his duty to provide you with care in line with the local standard of competent care, he has breached his duty.
Cases of breached duty are not always clear to see, and those cases are usually aided through the testimony of a trained medical expert witness, usually someone who is licensed to practice dentistry and has experience in the same specialty as the defendant.
There must be a causal relationship between your dentist’s breach of the standard of care and an injury you’ve sustained. When deciding whether you should pursue a dental malpractice suit, consider whether but for your dentist’s actions, would your injury have occurred? If the answer is a resounding “no,” then you will likely be able to prove causation, provided you can provide an expert dental opinion supporting your claim.
If your injury would have occurred regardless of your dentist’s actions, there may not be a causal relationship between your injuries and your dentist’s alleged breach. In that situation, you will likely find it difficult to prove your case.
What Are Your Damages?
As a plaintiff, you are charged with proving that your dentist’s breach of the standard of care caused you harm. Damages in a malpractice case can be physical (nerve damage, broken teeth), financial (costs associated with correcting your dentist’s mistakes) or non-economic (embarrassment because your once-winning smile has been forever ruined by an orthodontist). As long as your damages were caused by your dentist’s breach of duty, your case will be allowed to stand.
Contact An Attorney
If you’re suffering due to the negligence of a dentist, make sure to contact one of our experienced attornies to discuss your case.