How to sue my dentist for medical malpractice?

Blog submitted by Dane Levy Attorney of, a provider of legal services for those injured by dental malpractise in California

If you believe that your dentist has been negligent, you will need the following information to prove your case.

How long ago did the incident occur? – The judge or jury will consider how long ago your injury occurred. Most often if the incident is filed after a year, the chances are that the case will not be put forward to a judge.

A dentist’s duty – You will also have to prove that your dentist did not comply with the standard of care in treating patients. The standard of care is considered the ordinary care a good standing dentist of a similar educational background and location will administer.

Breach of duty – If your dentist does not provide the care in comparison the local standards, then he has breached his/her duties and is a candidate for dental product liability claims. However, an unfortunate or unsuccessful result does not mean a breach of duty. Since dental medicine is not an exact science, there are no guarantees how successful treatment will be. Look at the standard of care in similar circumstances and how the dentist’s conduct fell short to identify if the dentist has breached his/her duty.

Proving causation – To file a case, you should undergo pain that can be monetary quantifiable to ensure that there is a causal relationship between the injuries and your dentist’s alleged breach. Once you have quantified your damages, you will be able to put through your case.