While a visit to your dentist is worrying and nervous, you are always sure that your dental problems will be solved either through surgery or a simple treatment. However, sometimes a visit to your dentist can leave you in pain, worried and stressed. Just like the ordinary doctors, dentists are also held to a standard of care. Standard of care is the care that every other dentist would have provided if the circumstances remained the same.
When your dentist breaches these standards, you may want to sue them for negligence or malpractice. Dental malpractice or negligence is any avoidable pain or injury that is caused by a dentist when he/she fails to take proper care while handling a patient. This case can lead to a dental negligence compensation claim through a reputable law firm like binarylaw.
Dental negligence claims.
To successfully sue your dentist and win a case against them, you will need to establish the type of claim your suit is based on. The dental negligence can arise from:
- Delay or failure in diagnosis or treatment of any oral disease such as oral cancer.
- Using the wrong or defective dental equipment. This is considered as negligence of the dental work.
- Failure to provide adequate information or failure to acquire your consent before performing any procedure.
- Negligence to provide care hence leading to infections contraction.
- Wrongful or incorrect extraction of teeth.
- Poor anesthetic application.
- Any intentional misconduct by the dentist.
However, for you to successfully prove your case against your dentist for the above claims, you will need to prove four basic elements. If you are capable of proving these before any jury, then there is a high likelihood of winning your suit.
Elements to prove
a) The existence of a duty by your dentist to provide dental care. You must be able to show that the dentist was obliged to provide you with a professional care. This is usually established by examining the existence of a patient-dentist relationship.
b) Breach of the standard of care. You should be able to prove the existence of malpractice by the dentist.
c) Injury or the damages – it is your duty to prove that as a result of the breach of the standard care by the dentist, you incurred some damages.
d) The causation – this is the causal link between your dentist’s failure to meet the required standard of care and the injury you allege.
Proving these elements requires a team of professional experts as witnesses who are able to establish that the dentist really breached the standard of care. It is worth noting that the burden of proof lies with you as the starter of the lawsuit. You should be able to prove that the dentist caused the avoidable injury and that you were healthier before the dentist’s actions.
After you have established enough proofs, it is time to institute the legal proceeding against your dentist. You can choose to use the action procedure of suing. Your Attorney should draft the summons and present them to a court Registrar for file opening and case number issuance.
The summons will then be served to the defendant who is the dentist for this case, detailing the nature of your claim, time and procedural limits for the dentist to dispute the claim. From this point, the normal court process takes its course. If found guilty, the dentist may be fined, asked to compensate you or jailed depending on the applicable laws and your relief pleadings.