It is not easy to prove dental malpractice because these cases are based on negligence. Negligence cases require proof of duty, breach, causation and damages. That is why one should consult a Dental Malpractice Lawyer in Bloomington. The lawyer listens to the facts and renders an opinion about the case.
Dentists Have A Legal Duty To Each Client
Dentists must adhere to the standard of care in treating patients. This means the same care a similarly educated dentist provides in the client’s area. For instance, a person seeks care at the ER after breaking two teeth in a fall. The ER dentist may not be held to the same standard of care as a private practitioner.
Unsuccessful Procedures Do Not Equal Malpractice
A Dental Malpractice Lawyer in Bloomington may not file suit for a crown that falls out. Rather, this is a risk that comes with the procedure. The dentist can repair the crown and all is well. On the other hand, dental malpractice cases should be clear. For example, if a patient has a toothache, the dentist should not pull the wrong tooth. Ordinarily, x-rays are taken to see what tooth is damaged.
First do No Harm
Dental errors must cause patients harm. Harm is easy to see when the dentist pulls the wrong tooth. Indeed, the patient is missing a tooth and they still have a toothache. Another example of possible malpractice includes giving an injection that results in nerve damage. The lawyer must prove a direct link between the dentist’s actions and an injury.
Filing The Lawsuit
In most states, a malpractice lawsuit must be attached to an affidavit. The affidavit comes from an expert witness. Further, the witness must attest to the correct standard of care and how the duty of care was breached. The lawyer seeks damages based on the facts of the case. Damages may be awarded to compensate the defendant for financial reasons or physical damage.
Sometimes the client spends more money to correct the dental error. On the other hand, the damage is permanent like a damaged nerve. Whatever the reason, consult with a lawyer and Get legal helps.
