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      • Securities Litigation
      • Construction
  • Our Team
    • David Hobbs
    • Ian Giroday
    • Berta Lopera
    • Dylan Segal
    • Or Regev
    • Austin DeBrincat
    • Danielle Carman
    • Lauryn Wray
  • Resources
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Hobbs Giroday Podcast Episode 7

In this episode David Hobbs discusses dental negligence. He explains what constitutes negligence, some of the steps required in order to determine whether there has been negligence, and types of damages.

Hobbs Giroday Podcast featuring David Hobbs

Dental Negligence

With  David Hobbs

https://media.blubrry.com/hobbsgiroday/p/content.blubrry.com/hobbsgiroday/hobbs-giroday-podcasts-ep7.mp3

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Show Notes Episode 7:

  • While this episode is specifically about dental negligence, almost everything discussed applies to medical negligence – whether it is a dentist or other health care provider.
  • Dental negligence is a legal discussion, but also involves the complexity of providing health care services and advice. It’s a mixture of legal thinking and opinions of experts.
  • When you visit a dentist, they give you advice. This advice is required to meet a certain standard of practice.
  • Negligence in a general sense is providing treatment or giving advice that is:
    • below standard of practice and alsocauses an injury.
  • So, to have negligence you can sue for, you have to have bothsubstandard advice, treatment, and an injury.
  • It is important to remember that treatment carries a risk. A poor outcome doesn’t mean there was negligence.
  • It is important to conduct due diligence if considering suing any professional.
    • These cases are complex and usually aggressively defended by the insurance company.
  • The first step is to gather all the records involved, then have a trained expert look through the records and give an opinion on whether you are the victim of negligence.
    • This advice will determine if further due diligence is required and if you should move forward with a law suit.
  • Need to be mindful of limitation periods.
  • In the health care field, there are ‘colleges’ that regulate the health care professionals.
  • Colleges do not adjudicate whether a health care professional has been negligent, they look at public complaints to determine if further training or discipline is required.
  • While an investigation by a college does shed light on whether there are issues, what occurs in the regulatory environment is not admissible in court.
    • A legal action against a dentist has to be brought on its own evidence.
  • In any action you will need an expert’s report.
    • This report needs to be prepared according to the rules of court.
    • It will contain opinions on the relevant standards of practice, where the conduct has deviated, and what kind of damages have been caused.
      • One area that doesn’t rely on expert opinion is the area of obtaining informed consent.
    • If you establish liability for negligence, then you have to prove your damages. These include:
      • Pain and suffering;
      • Unnecessary expenses;
      • Loss of income; and
      • Loss of earning capacity.
    • All damages have to be quantified and may require further expert opinion.

Contact us if you require legal assistance:

Tel: (604) 669-6609
Toll Free: 1 (844) 568-1004

email info@hobbsgiroday.com

 

 

 

 

 

 

Category: Articles, Medical Malpractice, Podcast

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