QUESTION
Can I get a malpractice settlement for dental surgery?
Asked on Dec 19th, 2012 on Personal Injury - Florida
More details to this question:
I had a cavity in my tooth that the dentist drilled and filled. A week later my tooth was still hurting so bad I went to the ER and the doctor said I had an ifection from the surgery. Can I sue my dentist for malpractice?
7 ANSWERS
Lisa Hurtado McDonnell
Did he give you antibiotics? Did he give a restrictions? Did you follow those instructions?
Answered on Jun 12th, 2013 at 12:21 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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No.
Answered on May 28th, 2013 at 1:55 AM
Ronald A. Steinberg
Yes, but your case is not worth much.
Answered on Dec 26th, 2012 at 5:24 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Dental malpractice cases are always difficult to prove, as well as expensive and time consuming. You will have to be able to prove a failure to adhere to accepted practice, and resulting injury as well, and expert witness testimony is required for that reason. In order to be able to pursue the matter, the consequences would have to be severe enough to merit a substantial enough recovery to justify the time and expense.
Answered on Dec 21st, 2012 at 12:31 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is impossible to tell without an expert opinion that the dentist did not meet the expected standard of care. Infections are common following major oral surgery.
Answered on Dec 21st, 2012 at 12:20 AM
Michael Eric Wasserman
This sounds like a doubtful claim and the damages, though very personal to you, are probably not sufficient to justify the cost of a professional negligence claim. It is not unusual that a tooth becomes infected or the nerve dies after a filling is done. It is possible that the dentist drilled too deeply into the nerve but this would require a dentist to review and make that determination from records and x-rays. It appears from your brief description that this is a doubtful claim unless reviewed by a dentist which could be an expense equivalent to the treatment to repair the harm.
Answered on Dec 21st, 2012 at 12:19 AM
Insurance Law Attorney serving Gainesville, FL
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Steven Kalishman, P.A. Law Offices
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Medical malpractice cases are expensive, so if your damages are relatively low, it may be difficult to find an attorney willing to take it.
Answered on Dec 21st, 2012 at 12:12 AM