How to Prove Dental Negligence

To prove dental negligence, you must demonstrate that a dentist’s actions or inactions deviated from the accepted standard of care, causing harm. Dental negligence occurs when a dentist fails to provide the expected level of care, leading to injury or complications. Key elements include establishing a duty of care, showing a breach of that duty, and linking the breach directly to the harm suffered.

Understanding these elements can be complex and requires specific evidence and documentation. A Washington dental malpractice lawyer can help navigate this legal process, ensuring your rights are protected and strengthening your case.

Essential Components of Proving Dental Negligence

To successfully prove dental negligence, it is necessary to understand and establish several key components. These elements form the foundation of a dental malpractice claim and are essential for demonstrating that a dentist’s actions or omissions resulted in harm. By breaking down these components, you can better comprehend the legal requirements and strengthen your case. Below, we outline the critical elements that must be proven to establish dental negligence.

Duty of Care

To establish dental negligence, we need to demonstrate that the dentist owed a duty of care to the patient. This duty of care arises when a dentist-patient relationship is established, meaning the dentist has agreed to provide treatment, and the patient has consented to receive it. 

The dentist then has a legal obligation to provide treatment that aligns with the accepted standards of the dental profession. These standards are defined by what a reasonably competent dentist would do under similar circumstances. Meeting this duty involves:

• Proper diagnosis
• Informed consent
• Treatment planning
• Follow-up care. 

If a dentist deviates from these standards, it can form the basis for a dental negligence claim.

Breach of Duty

A breach of duty occurs when the dentist fails to meet the accepted standard of care. A breach can take many forms, including:

• Errors in diagnosis: Misdiagnosing a dental condition or failing to diagnose a problem that a competent dentist would have identified. This can lead to incorrect or delayed treatment, exacerbating the patient’s condition.
• Errors in treatment: Performing a procedure incorrectly, using inappropriate techniques, or failing to follow standard protocols during dental treatment. Examples include improper tooth extractions, incorrect use of dental instruments, or inadequate sterilization practices.
• Errors in aftercare: Failing to provide necessary post-treatment instructions, follow-up care, or monitoring. This includes not addressing complications that arise after treatment, such as infections or improper healing.

In each of these instances, the patient’s harm results from actions or omissions that fall below the professional standard of care expected in the dental field. Establishing a breach of duty requires showing that a competent dentist would not have made the same errors under similar circumstances.

Causation

Causation links the breach of duty directly to the injury suffered by the patient. To prove causation, the patient must demonstrate that the harm or injury experienced was a direct result of the dentist’s actions or inactions. This involves two key components:

• Factual causation: Establishing that the injury would not have occurred “but for” the dentist’s breach of duty. This means showing a clear and direct connection between the dentist’s conduct and the patient’s harm.
• Legal causation (proximate cause): Demonstrating that the injury was a foreseeable result of the dentist’s breach of duty. This involves proving that the type of harm suffered was a predictable outcome of the dentist’s actions or omissions.

To substantiate causation, detailed medical records are essential. These records provide a chronological account of the patient’s dental history, treatments received, and any resulting complications. 

Additionally, expert testimony is often necessary for dental malpractice claims. Each state has its own unique requirements. For example, you can find this requirement stated in Washington State Court Rules: Rules of Evidence-Title 7. Dental experts can explain how the dentist’s breach of duty directly caused the patient’s injury, offering professional insights that support the patient’s claim.

By combining thorough documentation and expert analysis, patients can effectively link the breach of duty to their injuries, reinforcing their case for dental negligence.

Damages

Finally, proving dental negligence requires demonstrating that the patient suffered actual damages. These damages can manifest in various forms and must be clearly documented to substantiate the claim. The primary types of damages include:

• Physical damages: These involve tangible injuries or health complications resulting from the dentist’s negligence. Examples include ongoing pain, infections, nerve damage, or the need for corrective dental procedures. Detailed medical records, treatment plans, and expert testimony are crucial in documenting these physical damages.
• Financial damages: Negligence can lead to significant financial burdens. Patients may incur additional medical bills for corrective treatments, medications, or specialist consultations. There may also be lost wages if the patient had to take time off work for recovery or additional treatments. Collecting and presenting invoices, receipts, and employment records help illustrate the financial impact of the negligence.
• Emotional damages: Dental negligence can also cause emotional and psychological distress. Patients might experience anxiety, depression, or trauma related to their dental experience. While these damages are more subjective, they can be supported by psychological evaluations, therapy records, and personal testimonies detailing the emotional impact of the negligence.

Documenting all these damages is essential to building a strong dental negligence case. This comprehensive evidence demonstrates the extent of harm suffered and the direct link to the dentist’s actions, reinforcing the patient’s claim for compensation.

Statute of Limitations for Dental Malpractice

The statute of limitations for dental malpractice claims is a legal deadline. You must file your dental malpractice lawsuit before it expires. For example, you generally have three years from the date of the negligent act or omission in Washington (RCW § 4.16.350). 

Alternatively, if the injury was not immediately discoverable, the patient has the discovery rule. They have a time limit from the date the injury was or should have been discovered to file a claim. This discovery rule allows patients additional time if they were unaware of the malpractice when it occurred. 

Failing to file within the specified period can result in losing the right to pursue compensation for injuries caused by dental negligence. 

Get Legal Help With Your Dental Negligence Claim

Jackman Law Firm can assist with your dental negligence claim. Our legal team will work tirelessly to gather evidence, consult with experts, and build a strong case on your behalf. We work on a contingency basis, meaning you don’t pay unless we win your case. See what our past clients have to say. 

Contact us today to schedule a free consultation and learn how we can help you seek the compensation you deserve.