The investigation surrounding a dental malpractice claim is quite a complex and time-consuming process, according to OC dental malpractice attorney Dane Levy. Here is how legal experts and dental professionals investigate a dental malpractice case:
Establish the standard of care: Dentistry comes with an official standard of care that every dentist is legally bound to abide by. This is the level of care that a dentist of a similar level of experience and qualifications would have provided under similar circumstances. The lawyer will call in an expert dentist to establish this standard.
Determine whether the dentist has breached the standard: Dane Levy says that the next step is to determine, with the help of evidence, whether the sued dentist has failed to provide the appropriate and expected level of care. Aside from the direct damages, this includes carelessness in mandatory activities like inquiring about medical history, taking required X-rays, or asking consent for the steps of treatment.
Establish a connection between the breach and the patient: Has the breached standard of care harmed the patient directly or indirectly? If yes, then how? This step determines what failures on the part of the dentist caused damage to the patient.
Analyze the damages: Finally, the investigation analyzes all the damages caused. This includes physical injuries and financial losses the patient has to suffer from. Depending on the severity of the damages, a reasonable settlement can be decided.
evident that having a dental negligence injury attorney by your side is very
helpful for the investigation. If you’re in California, you can contact dentist negligence injury attorney Dane Levy, founder of Levy Law Firm, for your dental malpractice case.