The term dental malpractice refers to a treatment provided to a patient by a dentist, dental hygienist, or any other dental health care provider below the acceptable standard of care generally expected from dental health practitioners.
When you sue a dental health practitioner, you have to prove that the practitioner has failed to provide the reasonable standard of care expected in the given circumstances, and the failure of the dental health care provider has caused you severe personal injuries.
If the dental health care provider has complied with the reasonable standard of care, then the courts of law may dismiss your claim. Although the laws related to medical negligence vary from one state to another, four conditions have to be satisfied to have a successful claim. These conditions include a standard of care, breach of the standard of care, harm caused to the patient, and damages to compensate for the claimant’s loss.
Pre-requisite conditions to sue a dental health care provider
1 – Standard of care
The standard of care is the reasonable care expected from a dental health care provider in the given circumstances. Therefore, the standard of care may vary from one state to another depending upon the quality of healthcare services provided in the respective area. Similarly, the educational background and experience of the dental health care provider are also relevant factors to determine the reasonable standard of care.
2 – Breach of duty of care:
The second important element is to prove the breach of duty of care. In tort cases, the dental health care provider is under a legal duty to provide a reasonable standard of treatment to their patient. If the dentist has acted with negligence and does not comply with the reasonable standard, it may constitute a breach of duty of care. That includes cases such as causing permanent nerve damage, extracting the wrong tooth, etc.
3- Harm caused to the patient
The most crucial element in medical negligence cases is to prove that a medical practitioner’s breach of duty of care has caused any damage or harm to the patient. If the breach has not caused any harm, it isn’t easy to prove the case. Although a client may file a suit against a breach of duty, it is very unlikely to succeed in such circumstances.
4 – Damages
The fourth important element to have a successful claim is to prove that the harm caused to a person can be compensated. You can claim damages for financial loss, pain, suffering, or any physical damage.
If a claimant successfully proves the standard of care, breach, and harm, the courts of law will award compensation to the claimant.
Dental malpractice lawsuit funding
If you successfully prove the standard of care, breach of the standard of care, harm caused by the breach of duty of care, then the courts of law will award compensation to you. However, it may take months and in some cases years for a court of law to pronounce a final judgment in your case and you will have to wait for the final pronouncement to receive compensation for the injury caused to you by the dental malpractice.
During these uncertain times, you may be struggling to meet your ends, pay your medical expenses and other bills. However, you do not have to worry about your financial needs. You can apply for pre-settlement funding to receive payment before the final pronouncement of judgment in your favor.
Upon qualification, pre-settlement funding can be claimed at any stage of the lawsuit, and you will receive the payment to ease your financial stress in either jumbo sums or monthly installments.
If you want to apply for lawsuit funding for your dental malpractice claim, you can contact us at 888-711-3599, and we will provide all possible financial assistance to you.
Learn more about how Baker Street Funding lawsuit loans can be used to help you with your finances today.
