Second, as to matters involving professional skills and knowledge, the conduct of a dentist should be evaluated in terms of professional dental standards determined by the dental profession, hence the need for expert witnesses. First, as members of a learned profession, dentists are expected to possess and exercise skill and knowledge beyond that of ordinary individuals. When applied to dentistry, the objective criteria judging the conduct of the defendant (dentist) needed to be changed from “a reasonable man of ordinary prudence” to a higher level for two reasons. The theory then gravitated to the healthcare professions. The court described it as the “reasonable caution a prudent man would have exercised under such circumstances”. The first mention of a standard of care was in the case of Vaughan v. In other words: Did the dentist more likely than not provide treatment below the standard of care that subsequently and/or proximately caused the patient’s damages? Did the dentist violate the applicable standard of care? Whether the dentist provided treatment above or below the standard of care is one of the biggest stumbling blocks of a malpractice lawsuit. The second element of negligence is: A breach of the duty to render care. The standard of care is actually mentioned in the definition of negligence as discussed in Chapter 3. It is made malleable by practitioners who perform successful new techniques, as well as by the treatment failures that find their way into the courts. How the standard of care is applied and interpreted evolves with the development of new materials and treatment modalities. The definition has not changed, but how dentists practice has changed. These definitions do not completely define the standard of care. Some have attempted to define the standard of care as the best he or she can do under the circumstances or what the specialist would do under the same or similar circumstances. All dentists think they are treating their patients within the standard of care. All of the above may and, more likely than not, will be practicing within the standard of care. It is not what the latest self-proclaimed dental guru is doing. It is not what the dental school is teaching. It is not defined as “what everyone else is doing.” It is not what the specialist is doing. The standard of care is often misused and confused with treatment protocols, parameters of treatment or practice, and procedure techniques.
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