QUESTION
Can I file a claim if my 6 year old son's cavities went undiagnosed 5 months ago?
Asked on Feb 06th, 2015 on Personal Injury - New York
More details to this question:
In September 2014, I took my son in for his regularly scheduled checkup. A new dentist who just started at the office, after his cleaning and x-rays, examined the x-rays and gave him a clean bill of dental health. Since then, one of his 10-12 year old molars has become loose and we noticed what appeared to be another cavity. I brought him in today because "I feared he had another cavity." Low and behold, the same dentist checked the x-rays from September. They showed 3 undiagnosed cavities! And he is also concerned about the loose molar (possibly an undiagnosed cavity). The medical records show no diagnosis or issue with cavities and for us to come back in 6 months. I fear he has more cavities a result. Can I file a claim?
1 ANSWER
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I won't say it's impossible, but I don't think it's a strong claim. Here's why: oddly enough, x-rays aren't always definiitve, and they can be hard to read. It may be that there is a high percentage of cavities that are caught, but that a few are missed no matter what. Possibly, you could find a dentist who would be willing to say that your son's dentist failed to conform to accepted practice and that would be the foundation of a dental matpractice case. Then you have to deal with issues of causation and damages. These kinds of cases are always difficult, time-consuming and expensive, so it is possible that even if there was malpractice, proving it would be cost-prohibitive.
Answered on Feb 09th, 2015 at 1:36 AM