QUESTION
can i sue the dentist for filling the wrong tooth.
Asked on Jul 17th, 2013 on Medical Malpractice - Pennsylvania
More details to this question:
i had my remaining filling fell out of a tooth, causing me much pain. Dentist will look at it and decide the on called person that sets the appointment says. the dentist did nothing to that tooth. But he drilled a whole in the tooth behind that tooth and filled it. It caused a lot of pain that he had to give me and extra dose of anesthetic. after he was finished and left i asked the assistant what did he do the hole is still there. she stated he filled the one behind it. I stated i wasn't aware that it needed fixing. when he came i asked as to why nothing is done to the hole -- he stated remember we spoke of taking it out and putting in a replacement. i said yes but i cannot do replacement with all the stuff going on. he said well he doesn't recommend taking it out til we are able to do replacement-- he then put a temporary filling in it and send me on my way. clearly saying nothing about the fact that he just drilled a hole in a tooth that doesn't filling.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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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). Additionally, 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.
Sometimes, you can find an attorney who specializes in dental malpractice cases. Do a Google search or use this website to find someone in your state who can help you. Because some attorneys specialize in one particular area, they are more "geared up" and can prosecute these cases more efficiently.
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 expect when filing a medical malpractice case.
Click here and here for more information about me.
Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com.
Answered on Jul 17th, 2013 at 9:34 PM