There are many layers to a court trial, and a dental malpractice case is no exception. According to OC dental malpractice attorney Dane Levy, here are the elements you and your attorney will have first to establish in order to prove a dental malpractice claim:
A relationship between the dentist and the patient exists. This is done with the medical reports.
The dentist did not meet the expected standard of medical care. This is proven by showing the level of care that a dentist having a similar level of skills and experience would have provided under the same treatment circumstances. For this, you will need a qualified medical expert witness who has experience with similar situations.
How did the dentist fail to reach the expected standard of medical care? How did their method of treatment harm you? What did they do, or what didn’t they do? What steps should they have taken to ensure your full safety? To establish this as well, you will need the help of a medical expert.
Establish the nature of the injury or financial harm caused, as well as the severity of it.
According to Dane Levy, whether the case will go north or south depends greatly on whether the lawyer manages to establish the second and third elements properly. That’s why it’s important to choose a lawyer who is not only competent but also experienced with both success and failure in such cases.
If you’re in California and looking for a dental negligence injury attorney, you can reach out to California dental malpractice attorney Dane Levy, founder of Levy Law Firm, for a free consultation. His client testimonials give you an idea of his experience and competency.