Sadly, a great many people file claims against a dentist or orthodontist each year for dental malpractice. Though not all cases are successful, normally a dental malpractice attorney in California will not take a case unless there are clear reasons to do so.
As we think about what it takes to file a case, there are 4 specific areas that must be addressed, and these are:
Duty under the medical standard of care
Breach of the standard of care duty
Damages from the incident
One of the biggest issues for many is proof. You will need a clear record of exactly what happened. The dentist’s own records can usually be helpful. Also, statements by nurses or technicians may be used.
When a dentist fails to provide a patient with a certain level of care, this constitutes breach of duty. But how did this breach occur? The attorney must also prove causation. In many cases, dentists do make mistakes in their treatment of a patient, but the patient never learns of this. At times, a patient will make a full recovery and never realize there was some problem during their treatment.
You also need to show that there were damages. This can be complicated to prove. You’ll need to be examined by another dentist. Your lawyer will ask a dental professional to testify in your case and explain to the jury exactly what happened. Though this sounds like a complex process, things will go smoothly with an experience dental malpractice attorney in California.