Winston-Salem Dental Malpractice Lawyer
Dental malpractice is less well known that other types of medical malpractice, but the injuries suffered by victims can be just as serious. This type of malpractice includes receiving subpar care by negligent dental care providers or undergoing unnecessary treatment at the hands of unscrupulous dental professionals.
Victims of dental malpractice can suffer from extreme pain, infections, uncontrolled bleeding, and other catastrophic injuries.
If you have been injured by a dental professional, or illness or injury has occurred because of a dental facility, you are entitled to recover damages for your suffering. If this illness or injury occurred in the Piedmont Triad, contact reputable Winston-Salem dental malpractice attorneys that have worked with clients facing this kind of life-changing injury.
Acceptable Standard of Care
Dental professionals, like other medical professional, are required to provide an acceptable standard of care to their patients. The acceptable standard of care is established by what other dental professionals, in the same specialty and within the same geographic area, would do in similar circumstances.
A dental professional or facility that fails to provide an acceptable standard of care may be held liable for injuries suffered by a patient that received subpar care.
Three Prong Burden For Proving Malpractice
When a patient is injured as a result of dental malpractice, there is a three-prong burden that must be met for the dental professional or entity to be held liable once it has been determined that the person or entity had a duty to provide the victim with an acceptable standard of care. In addition to falling below the standard of care, the victim must establish that a duty owed to them was breached, there is an injury or illness caused by that breach, and there are damages as a result.
The first prong requires establishing that the dental professional or entity breached a duty to the victim. This requires proving more than the outcome was unsuccessful. Showing that the professional was negligent or reckless in their actions can establish a breach of duty. An oral surgeon that extracts a patient’s molars, rather than their wisdom teeth, could be deemed negligent, which may establish a breach of duty.
After it has been established that the dental professional breached a duty, the victim must also show that there was an injury or illness that occurred as a result of the breach. If an oral surgeon is extracting two teeth and accidentally damages the nerves to the second tooth, which would have caused that tooth to die, she or he may have breached their duty to the patient.
There may not, however, be an injury or illness that follows the breach if the only consequence that the victim would have suffered fails to occur because the second tooth is removed during the same procedure. A dental malpractice attorney in Winston-Salem can help you determine if your case meets all three prongs of the burden of proof and
Finally, to establish dental malpractice in court, the victim must also establish that there are damages caused by the illness or injury suffered because of the breach of duty.
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Damages include any losses suffered as a result of the injury, such as physical pain caused by the injury, costs to repair the mistake made by the dental professional, and loss of income for time missed at work because of the injury.