Dental malpractice can be of many types and forms. Whether a case qualifies as a dental malpractice or not depends on several factors and is unique to every situation. According to California dental malpractice attorney Dane Levy, there are times when a case might seem like dental malpractice but isn’t really one according to the standard and legal definition.
In the same way, there are also times when a case might not seem like dental malpractice but actually is. For example, you might attribute extreme verbal abuse by the dentist to the dentist just having a bad day, but it’s considered dental malpractice. Instrumental issues are also dental malpractice.
So how will you know if your case is dental malpractice or not? Consider a few factors:
Have you been harmed by it? — This is the main question. If you have been financially, physically, and mentally affected by the misconduct or mistake of the dentist, then there is a high chance your case qualifies as dental malpractice.
Was it the dentist’s fault? — It’s important to carefully and unbiasedly evaluate which side was on the wrong. Did you fail to follow all the instructions given by the dentist or withhold any information they asked for? Were you uncooperative? If the answers are no, then you’re good.
Consult a lawyer — If you’re still confused, a dental negligence attorney is your best bet. They will listen to all the details of your case and decide whether the case classifies as medical malpractice and how strong the case is.