Succor Consulting, LLC

"Succor = Help When You Need It - Anywhere"

Harold Nemetz, D.D.S., A.M.Ed.
Call: 707-465-1453

Dr. Harold Nemetz is a dental expert witness assisting both Plaintiff and Defense attorneys with General and Prosthetic Dentistry matters.

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Category: Dental Negligence

Dental Negligence: What Is It?

Dental  negligence, like all forms of negligence, stems from a failure to exercise reasonable care.  Negligence is a facet of common law tort law.  The specifics of what is required to prove negligence vary by jurisdiction, but the general premise is that a person failed to act with the care and up to the standards that wider society would consider reasonable.  In dentistry, negligence usually relates to treatments that have gone bad, misdiagnoses, or injuries caused by a failure to abide by “standard” industry practices.  Any failure of a dentist to deliver safe and standard care can constitute dental negligence.

Not all dental injuries trace their roots to dental negligence.  Negligence Law does not penalize unavoidable damage or injuries that were sustained despite a dentist’s best efforts.  A dentist can only be liable for negligence if he somehow acted in a way that was below the reasonably expected standard, or if he acted in disregard of industry practice guidelines or regulations.

Dentists are medical professionals, and  they are held to certain standards of expected care.  They are expected to properly diagnose dental conditions and to thoroughly finish all dental procedures.  The exercise of care in examinations and surgeries, and the prescription of appropriate and reasonable medications and home treatments all fall within the purview of dentists.  Failure in these or other areas can open a dentist up to a dental  negligence lawsuit.

There are many types of negligence, and any dentist can be a negligent dentist.  Most negligence cases are marked by a patient injury.  A patient who feels immense pain after a routine dental procedure or a patient who feels that a dental condition was not properly treated may hire a dental negligence lawyer to investigate the possibility of suing for dental negligence. A lawyer considering such a case will seek to understand the nature of the patient’s suffering, and to discern the cause.  If the cause was related to some action or inaction on the part of the dentist, there may be grounds for a negligence suit.

Most of the time, dental negligence cases are brought as dental malpractice cases.  Most jurisdictions include negligence within medial malpractice.   Regardless of the theory under which the case is brought, it will center on a failure to provide competent or otherwise reasonable care at some specific moment.  Because mistakes happen and dentists sometimes get it wrong, dentists usually carry  malpractice insurance that will cover the costs of a negligence lawsuit and indemnify the dentist against any personal liability.

Client Testimonials

You were so very helpful during my trial and I am grateful to you for it.
- Sheri A. Cooley

You may shred the records.
You were very very helpful and also fun to work with.
- Lori M. Bencoe,
Bencoe, LaCour & Wood Law, P.C.

Your knowledge and comments in reviewing this matter are the type of honest approach we appreciate in an expert witness. Moreover, the research material you forwarded is quite interesting in light of the facts of this case.
Again, thank you for reviewing the case and agreeing to serve as an expert.
- Pieter Teeuwissen,
Danks Teeuwiessen & Associates

I retained Dr. Harold Nemetz as a dental expert in _ v.USA. The case hinged on whether Mr. Unin's dentist exercised the degree of care ordinarily exercised during a tooth extraction. Dr. Nemetz took pains to educate me on the nature of teeth and gums and relevant standard of care, all of which helped immensely. And during his trial testimony, he presented as professional, knowledgeable, unbiased and forceful.
I would recommend Dr. Nemetz to other personal injury attorneys as he is very approachable, engaged and knowledgeable. He was an asset to our case.
- Michele Brown,
Power & Brown, LLC

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Harold Nemetz, DDS, AMED
P.O. Box 328
Crescent City, CA 95531
Phone / Fax: 707-465-1453

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