Bringing a Civil Suit Against a Bad Dentist in Miami, Florida
According to Colgate, as many as 15 percent of Americans fail to visit the dentist because of fear. Another study suggests that as many as half of American adults suffer from some degree of dental phobia, but manage to push their fears aside to receive an annual cleaning and any other treatment they may need. Instances of dental malpractice do nothing to assuage this pervasive fear, and in fact, convince more and more individuals that they are better off not going to the dentist. So when an individual does choose to visit the dentist – whether they suffer from dental phobia or not – they do so trusting that their dentist is going to treat them with the utmost care and precision.
When a dentist leaves his or her patients with an injury, in significant pain, and/or with some other dysfunction, you may have grounds for a dental malpractice suit. A dental malpractice lawsuit is very similar to a medical malpractice lawsuit, and only varies in the type of medical professional being sued.
If you or a loved one has suffered at the hands of a negligent dentist, do not hesitate, and reach out to a Miami civil litigation attorney to help craft your case and receive the damages you need and deserve.
How to Sue a Dentist for Dental Misconduct
Unfortunately, even if you have proof that your dentist harmed you in some way, it can be difficult to win a dental malpractice claim. For a successful outcome, you must be able to prove that the following four elements of a medical malpractice claim exist:
- That the dentist had a duty of care to you, the patient, which is established via the doctor-patient relationship;
- That the dentist committed a breach of duty, usually by deviating from the standard of care;
- That damages – or an injury – occurred as a result of that breach of duty; and
- That causation – or a connection between the breach of duty and the injury alleged – exists.
Furthermore, the burden of proof lies on the patient. However, unlike in a criminal case, you do not need to prove all four elements beyond a reasonable doubt; rather, you need to prove all four elements by a preponderance of the evidence, meaning that you need to prove that it is more likely than not that your injuries occurred as a direct result of your dentist’s negligent behavior.
It Is Not Enough to Prove That You Were Injured
Again, it is difficult to win a dental malpractice lawsuit in Miami, FL, even if the dentist has harmed you, and even if the dentist has admitted to harming you. Unfortunately, if a dentist or any other medical professional follows standard protocol when performing a treatment of any kind, and if for whatever reason the standard of care results in injury to a patient, the injured patient does not have a lawsuit on their hands. In order to file a successful dental malpractice claim, you must prove that all four elements mentioned above exist. Without the existence of even just one element, a personal injury case cannot be filed.
Consult a Miami Civil Litigation Attorney
At The Baez Law Firm, our civil litigation attorneys advocate for the rights of our clients and their family members. If you or a loved one suffered injuries from what was supposed to be a routine dental appointment, contact our Miami law firm today to see if you have a case. If you do, we can help you gather the evidence needed and lead you to a successful outcome. To schedule your free consultation, call 800-588-BAEZ today.