Sometimes it is obvious, and other times it is not—dental malpractice can hide in the shadows, so knowing what to expect is important, right up there with calling your dental malpractice attorney.
When we talk about any physical or medical care in the United States, we see the provider/patient relationship as one where the patient asks the provider to care for them, whether short-term or long-term, and the provider decides if they will. It is important to note that not every provider takes all patients. Not every dentist will take a dental patient, even if they can.
Dental malpractice: the four keys
- There must be a duty of care. This means that the dentist, who has a legal obligation to treat a patient, must provide care at the “standard of care” and above.
- If the dentist has a duty to that patient and breaches their obligation toward them—for example, the dentist performs unnecessary procedures for financial gain.
- The patient must prove that there is a connection (cause) between the dentist’s breach of duty and the harm caused to the patient.
- Finally, the patient must have suffered actual damages because of the malpractice.
As stated above, it is not always easy to detect a problem with your teeth and gums, so it is really important that you care for your mouth. If you question your dentist’s care, get a second opinion or seek services from another dentist.