Is this a case of dental neglect if his assistant made a mistake while he was gone? 1 Answers as of December 29, 2011

You do not give enough detail for me to say whether it is dental neglect. To successfully sue for malpractice, you need three things: 1. Evidence that the doctor/nurse/ deviated from acceptable standards of due care, either by act or omission. This is also referred to as negligence. A bad outcome, in of itself, is not evidence of negligence. You need a doctor to testify that the doctor/nurse was negligent. 2. Evidence that the negligence cause some harm. 3. Significant damages. If the negligence caused minor damages, it would not be economically feasible to bring a ,malpractice case, because the cost in expert witness fees would exceed your damages. I know some malpractice attorneys who require at least $500,000 in medical bills or lost wages caused by the negligence before they will consider the case.