QUESTION

Do I file a medical malpractice suit against a dentist who has made a tooth worse?

Asked on Jun 25th, 2016 on Medical Malpractice - Oklahoma
More details to this question:
Molar tooth was causing pain. Went to dentist. Dentist looked at it and said there was an infection. After he cleaned it out, i told him it was still in pain. I followed this statement up with, is it cleaned out. His reply was yes. I said that when I bite down it hurts as before. He said the pain medication will help. Unfortunately the pain grew worse and an abscess formed two days later. Between the two days from the initial visit to the day the abscess was formed I called the dentist to see the Doctor about the pain, he was unavailable. The first day he was in surgery and the second day was his day off. Im meeting with him this Mon 6/27/16. I plan on recording our conversation so that when he says he made a mistake it will be recorded.
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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, 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. 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, for more information about me.     Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  
Answered on Jun 25th, 2016 at 7:03 AM

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