QUESTION
Can I sue a dental office for pulling out the wrong tooth?
Asked on Nov 06th, 2014 on Personal Injury - South Carolina
More details to this question:
I went to the dentist to have a tooth pulled and he pulled the wrong tooth. When I called the dentist's office and informed them of the mistake, they told me to come back to the dentist later that afternoon. That same dentist told me he was sorry for the mistake and he took another look and suggested the tooth that was suppose to be pulled out from the start just be filled in, so I wouldn't have a big gap and wouldn't have two teeth pulled in one day. Now the tooth that was supposed to be pulled that he filled in is hurting more now with the fill in than it was when I went to get it pulled. So now I'm going to have to go to another dentist and pay to have that tooth pulled that the other dentist was supposed to pull from the start. Will I be able to sue that first dentist for making these mistakes?
1 ANSWER
Mistakes happen; however, if your dentist did not follow appropriate practice procedures then he may be responsible for malpractice - which is NOT a mere mistake as so many people seem to think. To file a medical or dental malpractice case (and not just to win it) you must have another dentist who is willing to testify under oath that the first dentist did, indeed, commit malpractice. It is not usually easy to find a medical professional who is willing to testify against another medical professional. You will need to consult an attorney to proceed in this matter. Do not wait too long to do that because your potential claim could be barred (that is, not allowed to proceed in the courts) if you wait too long. It does sound from the facts which you supply that you might very well have a medical or dental malpractice case. Best Wishes to you!
Answered on Nov 07th, 2014 at 2:09 PM