Scott M. Kuboff, Esq. is an Ohio Dental Malpractice Attorney with the law firm of Lowe Scott Fisher Co, LPA who helps his clients receive fair and just compensation for injuries resulting from dental, orthodontic, oral surgery, periodontic and prosthodontic mistakes.
Ohio Dental Malpractice Attorney
Just like other medical professionals, dentists, orthodontists, oral surgeons, periodontists, and prosthodontists must provide competent treatment that adheres to the standard of care. Scott represents victims of dental negligence throughout the State of Ohio in a variety claims, including:
In order to establish dental malpractice claim, an Ohio Dental Malpractice Attorney must establish:
A duty running from the dentist to the plaintiff
A breach of standard of care
Damages suffered by the plaintiff, and
A proximate causal relationship between the breach of duty and the damages.
Dentist/Patient Relationship Creates a Duty
Ohio courts have found the dentist-patient relationship has the following characteristics:
Arises out of an express or implied contract which imposes on the dentist an obligation to utilize the requisite degree of care and skill during the course of the relationship.
The relationship is a consensual one and is created when the dentist performs professional services which another person accepts for the purpose of dental treatment.
It is a fiduciary relationship based on trust and confidence and obligating the dentist to exercise good faith.
The patient will rely on the judgment and expertise of the dentist.
The patient seeks out and obtains the dentist’s services because the dentist possesses special knowledge and skill in diagnosing and treating diseases and injuries which the patient lacks.
Breach of Standard of Care
To establish breach of the standard care, an Ohio Dental Malpractice Attorney must prove the recognized standard of the dental community in the particular kind of case, and a showing that the dentist in question negligently departed from this standard in his treatment of plaintiff. This requires an Ohio Dental Malpractice Attorney to show that the dentist breached the standard of care by:
Doing a particular thing or things that a dentist of ordinary skill, care and diligence would not have done under like or similar conditions or circumstances, or
Failing to do a particular thing or things that such a physician or surgeon would have done under like or similar conditions and circumstances.
In most – if not all – circumstances, an Ohio Dental Malpractice Attorney must retain an expert to establish the appropriate standard of care and explain what a dental professional of ordinary skill, care, and diligence in the same dental specialty would do in similar circumstances.
Causation
In addition to establishing the standard of care and breach, an Ohio Dental Malpractice Attorney must prove that the injury complained of was the direct result of such doing or failing to do some one or more of such particular things. In other words, the injury must also be “the natural and probable consequence” of the negligent act and it must appear that the injury complained of could have been foreseen or reasonably anticipated from the alleged negligent act.
Damages
In a dental negligence case, there is no limitation on the amount of economic damages a plaintiff can recover. R.C. § 2315.18(B)(1). Economic damages include lost wages, medical expenses, and other expenditures incurred as a result of the injury. See R.C. § 2315.18(A)(2)(a) through (c).
In addition to economic damages, plaintiffs may recover from noneconomic damages which includes, but is not limited to, “pain and suffering, loss of society, consortium, companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, or education, disfigurement, mental anguish, and any other intangible loss.” R.C. § 2315.18(A)(4).
Generally, noneconomic damages are capped at the greater of “two hundred fifty thousand dollars [$250,000.00] or an amount that is equal to three times the economic loss . . . . to a maximum of three hundred fifty thousand dollars [$350,000] for each plaintiff in that tort action or a maximum of five hundred thousand dollars [$500,000] for each occurrence that is the basis of that tort action” R.C. § 2315.18(B)(2). In the event of a catastrophic injury, there is no limit to noneconomic damages. See R.C. § 2315.18(B)(3).
IF YOU ARE A VICTIM OF DENTAL MALPRACTICE CONTACT SCOTT M. KUBOFF ,ESQ. AN OHIO DENTAL MALPRACTICE ATTORNEY FOR COMPETENT AND ZEALOUS REPRESENTATION.
Scott's representation of dental malpractice victims is on a contingency basis, meaning you will pay NO ATTORNEYS FEES unless he recovers for you.
If you have been injured by a dental, orthodontic, oral surgery, periodontic or prosthodontic negligence, please contact Scott, an Ohio Dental Malpractice Attorney, for a no cost, no obligation consultation and case evaluation.
