QUESTION

Coerced into getting a perfectly good tooth pulled.

Asked on Dec 25th, 2012 on Medical Malpractice - Minnesota
More details to this question:
3 years ago I went to my regular dentist for some work on an upper plate I think. My dentist referred me to his new associate because he was lightening his client list. The dentist I then saw checked out my mouth and told me I had a wisdom tooth that was loose. I never had any troucle with this tooth ever. I told him I don't think I want it pulled, he then told me it is really loose and it will cause me problems. I told him if it is really loose then it's alright to take it out. I don't know how long it took him to pull it because I was in excruciating pain, I do know it was close to 25 minutes after he broke it off and had to use some other think other than the Dimppel key, I couldn't see what he was doing, but he had to use the drill and grind a notch in the tooth so he could get hold of the bigger part and some of the broken pieces. I have had lower jaw pain ever since then, that is getting worse.
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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). 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.  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. Three years later, you may also have a problem with the statute of limitations.  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 Dec 25th, 2012 at 11:26 AM

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