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Los Angeles Dental Malpractice Defense

Los Angeles Dental Malpractice Defense Lawyer

Dentistry involves a combination of medical knowledge and aesthetic judgment unique to this medical field. Tien Law Firm can represent dentists and dental practices in settlement negotiations, civil court litigation proceedings. Applying a decade of litigation experience,  our dental malpractice defense lawyer knows how to challenge the elements of a malpractice claim, that a medical provider had a professional duty to the plaintiff, that the duty was breached, and which caused injury to the plaintiff and damages.

Duty of Care for Dental Providers

The doctor-patient relationship is typically enough to establish a duty of care. At Tien Law Firm, our dental malpractice defense attorney can determine the extent of duties owed to the patient alleging negligence. Different dental care providers, such as the following, have different roles and responsibilities to patients:

  • Endodontic practitioners
  • Orthodontists
  • Periodontists
  • Oral surgeons

Dental Negligence Claims

To prove that a dentist breached the duty of care owed, a patient must demonstrate that the provider acted in a manner that does not conform to the standard of care expected of a dentist. The following are examples of possible allegations made in dental malpractice claims:

  • Delaying treatment of periodontal disease
  • Failing to diagnose
  • Causing cosmetic damage to teeth, jaw, lips or face
  • Nerve damage
  • Fracturing the tooth with a drill
  • Extracting healthy teeth
  • Using unsterile tools, leading to infection or blood poisoning
  • Patient’s dental negligence

Our Los Angeles dental malpractice lawyer can investigate the details of the claims and determine what type of malpractice defense is appropriate in your case. We may use any of the following strategies:

  • Explain that the patient did not schedule appointments every six months as recommended
  • Allege that the patient failed to maintain an adequate at-home hygiene regimen — such as regular brushing and flossing
  • Prove that the patient did not follow post-procedure instructions
  • Establish that the patient’s drug use or poor medical health, and not your negligence, was the cause of accelerated tooth decay
  • Demonstrate that you explained the risks of a certain procedure, and that the patient consented after being informed of the risks

Contact Our Los Angeles Dental Malpractice Attorney

Let our dental malpractice lawyer in Los Angeles support you as you battle allegations of medical malpractice in the dental field. Call Tien Law Firm at 888-920-8180 or contact our law firm online to schedule an appointment. We can represent dentists in Los Angeles, Orange County, and San Bernardino counties. Our office is located in Los Angeles, only a short drive from Los Angeles International Airport (LAX).

Medical malpractice cases are a serious matter that can have far-reaching consequences for both healthcare providers and patients. In California, like in many other states, there are several defenses that can be utilized to protect healthcare providers from liability in these cases. One common defense in medical malpractice cases is that of the statute of limitations. In California, there is a statute of limitations applicable that means patients only have a limited amount of time to file a lawsuit against a healthcare provider for alleged malpractice. If the lawsuit is filed after this time period has passed, the court may dismiss the case.

Another common defense in medical malpractice cases is that of comparative negligence. Comparative negligence is a legal doctrine that states that if a patient is partially responsible for their injuries, their damages may be reduced by the percentage of fault attributed to them. For example, if a patient fails to follow post-operative instructions provided by their healthcare provider and as a result, suffers complications, the court may find that the patient is partially responsible for their injuries and reduce the damages awarded accordingly.

A third defense in medical malpractice cases is that of the standard of care. In California, healthcare providers are held to a standard of care that is determined by the level of skill and care that is typically provided by other healthcare providers in similar circumstances. If a healthcare provider can demonstrate that they provided care that was in line with this standard of care, they may not be found liable for medical malpractice.

Additionally, healthcare providers may also use the defense of lack of causation in medical malpractice cases. This defense argues that the patient's injuries were not directly caused by the healthcare provider's actions or inactions, but rather by other factors that were beyond the provider's control. For example, if a patient has a pre-existing condition that complicates their treatment and leads to complications, the healthcare provider may argue that the pre-existing condition, rather than their actions, was the primary cause of the patient's injuries.

There are several defenses that healthcare providers can utilize in medical malpractice cases in Los Angeles By understanding these defenses and working closely with a Los Angeles dental malpractice defense lawyer, healthcare providers can protect themselves from liability and ensure that they are able to continue providing quality care to their patients.

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