QUESTION

can i sue for a bad root canal?

Asked on Jun 22nd, 2013 on Medical Malpractice - California
More details to this question:
i recently had a root canal done. my dentist was suppose to put my temporary filling in but instead the dental assistant put it while my dentist was gone. she put it wrong and i even passed out of the pain and had to be rushed to the ER and was on drugs for a whole day. the pain was too horrible. on monday i went back to my dentist to complain and all they did was apologize and admit it was their fault and they fixed my tooth but i suffered horrible pain for 48 hours with NO sleep or eating i cried and even fainted. the pain was so bad it went to the whole nerve of my head thats why i passed out. can i sue?
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1 ANSWER

Catastrophic Injury Attorney serving Roseland, NJ at John J. Ratkowitz
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Dental malpractice cases are difficult to prosecute for a malpractice attorney because they are usually not financially viable. Medical malpractice cases are very costly and time-consuming. Therefore, in most circumstances a patient must have suffered a significant permanent injury as a result of medical negligence for the case to be financially viable. Often, damage caused by dental malpractice can be remedied with additional care. Further, lasting damage is usually not significant enough to warrant the time and expense of a lawsuit. There are exceptions to this (for example trigeminal nerve injury cases). In my view, two days of pain and suffering do not make a financially viable malpractice case.  Nevertheless, since different offices have different standards for whether a case is worth prosecuting, if you are interested in pursuing this further you should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts. If you are unable to find a lawyer who meets these qualifications within your state, sometimes you may contact an out of state lawyer who can refer you to a qualified attorney in your state while providing support related to the issues of medicine. Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. 
Answered on Jun 22nd, 2013 at 1:10 PM

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