Dental malpractice occurs when a dentist provides sub-standard care and harms a patient.
In the same fashion that physicians can be held accountable for
medical negligence, dentists—even surgeons and orthodontists—can also
be held liable for negligence.
In order to prove that a dentist is guilty of dental malpractice, the patient
needs to prove that the dentist acted in a negligent or careless manner
and that the negligence caused your injury.
The following are the four elements required to be proven for a dental
negligence lawsuit to be successful:
The existence of a dentist-patient relationship – The dentist has an obligation to provide competent dental care
to the plaintiff.
What the appropriate medical standard of care would be under the same circumstances – The “medical standard of care” means the level and
type of care that a similarly-skilled dentist would have provided under
the same circumstances. In most cases, this fact is established by a qualified
expert medical witness retained by the plaintiff’s lawyer. This
professional typically has an extensive amount of experience in the healthcare
industry and understands the proper standard of care given to all patients.
How that standard of care was breached, resulting in harm to the patient – The elements of “breach” and “causation”
are essential. A plaintiff must prove that the injury was caused or an
existing condition worsened by a healthcare provider’s actions or inaction.
The nature and extent of the patient’s injury – Lastly, the plaintiff needs to consider the severity of the “injury”
before filing a lawsuit. If the injury is considered minor, then, even
if it was caused by malpractice, it may not be worth the time and money
to pursue a lawsuit.
If you have been injured by a negligent dentist in New York,
Kingston personal injury lawyers at
Mainetti, Mainetti & O’Connor, P.C. and request a
free consultation today.