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Essay / Case study of the 4 Ds of negligence - 517
A dentist fits several children with braces. Children are regular patients of the dentist. The results for some patients are unacceptable and harmful. Some children have developed gum infections due to loose braces. Some have had their permanent teeth removed by mistake, while others have misaligned bites. A local attorney becomes aware of these incidents, examines the matter further, and realizes that the dentist was not properly trained and does not hold any legal license to practice dentistry or orthodontics. The lawyer decides to act on behalf of the disgruntled patients and files a class action lawsuit. The attorney plans to prove that the dentist was negligent and guilty of dental malpractice by providing proof using the four Ds of negligence. The four Ds of negligence are duty, breach, proximate cause and damages. The first element of the four Ds of negligence is duty. The dentist had a duty of care towards each of his patients. The duty of care is a legal obligation that a health professional, in this case the dentist, owes to his patient and, sometimes,...