Breach of Contract in Dental Malpractice Cases: What Patients Need to Know
Breach of contract is a common issue in dental malpractice cases, and it occurs when a dentist fails to fulfill the terms of a contract with the patient. This can include failing to provide services that were promised, performing services that were not authorized, or violating other terms of the agreement. In this article, we will explore what patients need to know about breach of contract in dental malpractice cases.
What is Breach of Contract in Dental Malpractice Cases?
Breach of contract in dental malpractice cases occurs when a dentist fails to provide services that were promised or performs services that were not authorized by the patient. This can include failing to diagnose a dental condition, performing unnecessary procedures, or using defective or inappropriate equipment.
To prove a breach of contract in a dental malpractice case, the patient must establish the existence of a contract with the dentist, a breach of the contract by the dentist, and damages suffered by the patient as a result of the breach.
How Can Patients Prove a Breach of Contract?
To prove a breach of contract in a dental malpractice case, patients should gather evidence that demonstrates the existence of a contract, such as a signed agreement or a treatment plan that outlines the services to be provided.
Patients should also gather evidence that demonstrates that the dentist breached the contract, such as medical records, testimony from other dental professionals, or expert opinions from dental malpractice specialists.
Finally, patients should document any damages suffered as a result of the breach, such as medical expenses, lost income, or pain and suffering.
What Can Patients Do If They Believe There Has Been a Breach of Contract?
If patients believe that there has been a breach of contract in their dental treatment, they should consult with a dental malpractice lawyer as soon as possible. A dental malpractice lawyer can evaluate the case, investigate the facts, and determine whether the dentist breached the contract.
If a breach of contract is established, the patient may be entitled to compensation for their damages, including medical expenses, lost income, and pain and suffering. The dentist may also be subject to disciplinary action by the state dental board or other regulatory agencies.
Conclusion
Breach of contract is a common issue in dental malpractice cases, and it occurs when a dentist fails to fulfill the terms of a contract with the patient. Patients who believe that there has been a breach of contract in their dental treatment should consult with a dental malpractice lawyer as soon as possible to determine whether they have a legal claim. If a breach of contract is established, the patient may be entitled to compensation for their damages, and the dentist may face disciplinary action by regulatory agencies.
