QUESTION

Can I file a dental malpractice case?

Asked on Dec 03rd, 2012 on Personal Injury - Florida
More details to this question:
I have started the process of looking for an attorney for a dental situation. I relocated from San Diego March 2012. I am 56, single, self-employed since 1984 specializing is complicated textile restoration and high end custom private client clothing and wardrobes. I am in the visible fashion World and I take care of my health and appearance to interface with clients. I have recently found a new dentist in Redmond for a 2nd opinion on a dental situation that my dentist in So Cal wanted to 'watch' for the last 2 years. I have extensive x-rays spanning the years of treatments. The tooth he was 'watching' feel out. No modality was suggested over the last 2 years. He had me on antibiotics for the chronic infection for the last 8 months 2 weeks on 3 weeks off repeat. Over the last 7 years he has dealt with this situation in this manner with these teeth. He did a root canal on a perfectly good tooth last year - thinking it was infected and affecting the other teeth. When I moved here I have see a total of 3 dentist which all say the tooth is broken and the bottom 4 front teeth must be removed. To this he said - 'That is b******" do not let them pull your teeth. I have extensive cosmetic crowns 8 upper 7 lower with 5 root canals and 1 implant. Prior he did veneers that all popped off. I wear a bite guard religiously. Here is where I stand today. I have seen the DDS in Redmond and have a CTScan. He has refereed me to an Oral Surgeon, who I will see this week. He may also want me to see a periodontist. I also have a call into a Oral Surgeon and maxillofacial Dr in Oregon who is a referral via a friend. I have a case of extreme bone loss in the 'I want to watch it site'. So extreme is the bone loss at this site that it will require a 2 part surgery in a hospital environment. I 'live' bone grafting from my hip is required with complete sedation. I asked why a hospital, the Dr said because if anything goes wrong you are already at.
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8 ANSWERS

Ronald A. Steinberg
Get a competent lawyer and find out if you can sue. It does not sound like it would be big enough to interest any lawyers. They are very expensive cases to handle.
Answered on Dec 17th, 2012 at 3:53 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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To have a case you need 1) an opinion from a dentist that the first dentist a) was negligent and b) the negligence cause your damages (ie. That you would not have these problems anyway, even if the first dentist had not been negligent). This is the law in South Carolina, but the elements of what must be proved for dental malpractice is probably the same most states, just the procedure differs.
Answered on Dec 05th, 2012 at 12:35 PM

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Medical Malpractice Attorney serving Washington, PA at Clark A. Mitchell P.C.
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You need to consult with a malpractice lawyer in the area where you allege a dentist caused you harm. If he believes you have a case then he will have all your dental records reviewed by a dental expert.
Answered on Dec 05th, 2012 at 12:35 PM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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No dental malpractice in your story.
Answered on Dec 05th, 2012 at 12:34 PM

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Personal Injury Attorney serving Indianapolis, IN at Bernard Huff
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You should consult with a plaintiff's medical malpractice lawyer for a complete evaluation of your dental problem before filing a lawsuit.
Answered on Dec 05th, 2012 at 12:34 PM

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Michael Eric Wasserman
You may indeed have a malpractice case against the dentist in San Diego. It is complicated as your new treating dentists are out of state which substantially increase all potential litigation expenses. Without records, x-rays and a review of the problems that you have it is difficult to determine the extent of your damages beyond the bone loss with one tooth or whether there was a complete failure to diagnose gum disease with your other teeth. There may also be a issue regarding the quality of the restorations that were placed in your mouth. You must be aware that there is one year statute of limitations in professional negligence cases in California starting from when you became suspicious of wrongdoing.
Answered on Dec 05th, 2012 at 12:34 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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In order to prove a dental malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough, and if it is a "judgment call" by the dentist, there is no malpractice, even if the dentist made the wrong call. You will need to get copies of ALL of your dental records and have a dentist review them; if he/she is willing to testify that your previous dentist failed to conform to accepted practice, then you have a case. There are expert witness services who do this type of work on a regular basis.
Answered on Dec 05th, 2012 at 12:34 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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To successfully bring a claim for dental malpractice you will need to retain an attorney in the geographic area where the dentist who you want to sue practices. You will have to bring a lawsuit in the county and the state where the dentist practices, so you will want to find an attorney in that area. Make sure you screen the attorneys you call to find out if they have handled claims against health care practitioners, hopefully including dentists.
Answered on Dec 05th, 2012 at 12:33 PM

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