Many different types of healthcare providers can be held responsible for medical negligence, including dentists and other types of dental professionals. When a dentist’s negligence results in harm to a patient, that patient may be able to file a dental malpractice claim. Similar to other types of medical negligence cases, dental malpractice claims can take many different forms under New Mexico law. In some cases, a patient’s injury may have resulted from a negligently performed dental procedure. In other circumstances, a dental malpractice claim may arise from a dentist’s omission, or failure to recognize and properly treat a dental issue. If you have questions about dental malpractice, do not hesitate to get in touch with an experienced Santa Fe medical negligence attorney at our firm.
Medical Malpractice and Dental Malpractice
How does dental malpractice relate to medical malpractice? In general, it can be helpful to think about dental malpractice as one type of medical malpractice, with medical malpractice being a broad area of the law in which many different types of healthcare providers may be held liable for injuries they have caused.
Elements of a Dental Malpractice Claim in Santa Fe
While the specific facts that will need to be proven in a dental malpractice claim will depend upon your particular circumstances and the way in which your dentists’ negligence resulted in your injuries, the elements of a dental malpractice claim in New Mexico are akin to those of a medical malpractice claim for another other type of healthcare provider’s negligence. Generally speaking, you will need to be able to prove the following:
- Dentist owed you a duty of care because there was a dentist-patient relationship established;
- Dentist breached the duty of care by acting negligently;
- Dentist’s breach of the duty of care resulted in harm; and
- You suffered damages as a result of the harm.
How do you prove that a dentist was negligent? Proving negligence in any kind of medical malpractice case typically requires the plaintiff to show that the healthcare provider did not live up to the standard of care set by other healthcare providers in the same or similar geographic area and in the same field. Accordingly, to prove dental malpractice, you will typically need to show that your dentist failed to treat you according to the standard of care set by other dentists in Santa Fe, and that another dental professional would not consider your dentist’s behavior to be reasonable under the circumstances.
Seek Advice From a Medical Malpractice Attorney in Santa Fe
If you suffered an injury because of a dentist’s or oral surgeon’s negligence, it is important to find out more about filing a claim for compensation. Dentists and other dental professionals can be held accountable for medical negligence in the same way as a doctor or hospital, and one of our experienced Santa Fe medical malpractice attorneys can assist you with your claim. Do not hesitate to get in touch with us to find out more about filing a dental malpractice claim. Contact Slate Stern Law to learn more about getting started on your lawsuit.