Defending against a malpractice claim in the dental field is not always straightforward. The situation may have many aspects that can lead to confusion.
To completely understand the case and know how to defend against the claims, it is essential to know what a valid dental malpractice claim looks like. The University of Southern California explains there are a few elements you need to ensure are present in any malpractice claim.
Standard of care
Most malpractice claims involve the standard of care. This would be the level of service routinely expected within the field. For example, if someone has a cavity, the general way a dentist would handle that is to either pull the tooth, fill the cavity or do a root canal and cap. But if the dentist deviated from this general standard, that might bring a case for malpractice. This element really involves determining what most other dentists would have done in the situation and whether the dentist in question did the same thing.
Damages
Another important aspect of a case is ensuring there was some loss or damage done. If a person is simply unhappy, that is not a valid basis for a malpractice claim. There must be harm done to the person who is bringing the lawsuit.
Direct link
Finally, the person must show that the dentist’s actions led to the damages or harm. There must be a clear link between what he or she did and the issues the person experienced. While this may seem clear and easy to do, that is not always the case. Linking the injury and the cause is essential to proving a case.
Without the right elements, a malpractice claim will often fall apart. You might be able to avoid court if the other person does not fully ensure they have a solid case.