3 Factors To Consider Before Filing A Malpractice Lawsuit Against Your Dentist
Did you recently suffer pain or even serious damage after a dental procedure? Do you feel that the dentist was negligent in his or her treatment of your problem? If so, you may be able to file a medical malpractice lawsuit against the dentist. Dentists can commit malpractice just like other doctors. If the malpractice and resulting injury were serious enough, you could receive payment for any additional medical bills and for your suffering. Before filing a lawsuit, though, you'll want to make sure your case meets minimum malpractice standards. If it doesn't, a court could dismiss it and then you may be stuck paying substantial legal fees for nothing in return. Here are three factors to consider:
Is there an established level of care? In order to show malpractice, you need to have a benchmark to which you can compare the dentist's actions. This benchmark is called an established level of care. That simply means that there is a standard procedure in place that most dentists would follow in that given procedure. For example, if your issue occurred during a tooth extraction, your attorneys would need to show that there is a standard procedure that nearly all dentists follow during similar extractions. This can often be shown through testimony from another dentist or some other kind of dental expert.
Did the dentist deviate from the established level of care? This is where you begin to show negligence on the part of your dentist. In order for you to have a valid malpractice claim, you need to show that the dentist somehow deviated from the established level of care. For example, in a tooth extraction, did your dentist choose an extraction method that goes against the manner in which most other dentists would perform the procedure? Or if you received anesthesia, did you receive too much or too little? For it to be malpractice, your dentist had to make an error that few other dentists would make if they were following the established standard.
Did you suffer substantially? The final component is an important one. You injuries, pain, or financial costs need to be substantial enough to warrant a lawsuit. If you only suffered temporary pain or discomfort, a court may classify your suit as frivolous and quickly dismiss it. You should be able to show how you suffered do to the dentist's malpractice. For example, did you lose wages because of time away from work? Did you have to pay for another dentist to repair the issue? Were you unable to eat or enjoy normal living activities for an extended period? If your only suffering was temporary pain, then a lawsuit may not be a good idea.
For more information, contact a medical malpractice attorney. They can help you decide how to move forward with your malpractice suit.
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