According to OC dental malpractice attorney Dane Levy, every medical procedure needs 100% consent of the patient. Only when the patient is not mentally available to consent is a close relative allowed to make the decision on their behalf.
Any kind of dental procedure also falls under this rule. Even if your dentist wants to start working on the treatment immediately, there can be several reasons why you can’t proceed with it or make the decision immediately.
It could be because you’re not financially capable of shouldering the treatment costs. Or it could be because you can’t afford to take a break from work to heal right now. It could also be because you want to consult some more dentists and confirm the diagnosis and course of treatment.
Whatever the reason, you have every right to refuse a specific treatment, and the dentist is bound to comply. So if the dentist does not listen to you and performs a procedure despite your refusal or without informing you beforehand, it can be considered dental malpractice.
However, this will only apply for situations where the procedure was done without your consent and went wrong, or where it went right, but it Justify you in a difficult financial spot. Dane Levy says that not all cases of non-consensual dental procedures will be strong claims in a court of law, which is why it’s important to consult a lawyer and lay out the whole scenario before them.
If you are in California, you might want to contact California dental malpractice attorney Dane Levy. The founder of the Levy Law Firm, the lawyer, has considerable experience with such cases and a successful history.