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Over 15% of Medical Malpractice Claims are Dental
Dental malpractice can occur when a dental surgeon’s lowered standard of care leads directly to a patient’s pain and suffering. For example, a malpractice claim might be filed when the patient’s nerves are damaged or severed, leading to facial paralysis as the result of a dental mistake.
To Succeed in a Malpractice Claim
To succeed in a malpractice claim, one must prove a doctor-patient relationship, that negligence did occur, that pain and suffering was caused, and that the negligence directly led to that pain and suffering.
For the most part this requires the testimony of an expert who must relate the patient’s suffering to a mistake that happened during the procedure and contend that the effect was not characteristic of a normal procedure.
The pain cannot be attributed to the dentist if it occurs after all similar procedures or if it happens in all operations.
A dental patient who believes they have experienced undue pain and suffering as a result of dental malpractice needs to demonstrate to the court clear examples of their struggles.
For example, medical costs, the loss of a job, or disabilities, or undue side-effects that resulted from the error or poorly conducted procedure.
Call Kravitz Law Group today to see if you have a case.