Medical Malpractice

The 4 Elements to Proving a Cleveland Dental Malpractice Claim

November 19, 2012

Dental malpractice occurs when a dental professional is negligent in the care he or she provides. If a dentist acts in a careless or negligent manner, you may be entitled to file a claim to recover compensation for your medical or dental expenses and other damages. A medical malpractice attorney in Cleveland at Mellino Law Firm LLC can help ensure your claim is handled properly.

Four Elements of a Dental Malpractice Claim

Not all injuries sustained during a dental visit are the result of negligence and warrant a malpractice lawsuit. In fact, accidents may happen that are beyond the dentist’s control and can cause damage.

For your dental malpractice claim to be successful, you must prove:

  • your dentist had a duty of care;
  • the dentist did not act within a reasonable standard of care;
  • you were injured; and
  • the dentist’s violation of the standard of care was responsible for your injury. 

Most of these elements may be fairly easy to establish for a dental malpractice attorney. By undergoing treatment in the dentist’s care, a duty of care is established.

In many cases, it may also be fairly simple to establish that your injuries were the result of the treatment or care provided to you by the dentist. But you may need a dental expert’s testimony to establish whether the dental professional deviated from the accepted standard of care. 

A Medical Malpractice Attorney in Cleveland Can Help

If you have sustained a serious injury while receiving dental or oral healthcare or treatment, seek consultation with a lawyer to review the situation. An attorney can help determine if you may have a case of dental malpractice.

At Mellino Law Firm LLC, our medical team has the experience and training necessary to investigate your case in order to collect evidence on your behalf. To get started, please call 440-333-3800 now to make an appointment with a malpractice lawyer in Cleveland.