QUESTION

Can I sue a Dental office (unnecessary extraction, unprofessional treatment, unnecessary root canal requested)?

Asked on Jul 13th, 2012 on Personal Injury - Virginia
More details to this question:
I went to a dental office (new patient) due to a bad toothache. I was told I needed an extraction (which I’m uninsured so this was all out of pocket), and I went back to have the extraction done the following week (price = $350). Oral Surgeon who performed the extraction was extremely rude, both during my visit (treating me as if I were a nuisance vs. a patient) and after. I have neglected my dental care over the years due to a phobia of the dentist, so this was already a stressful experience to begin with, and I mentioned this multiple times each time I visited this dental office. Following the extraction he gave me an Rx for 800mg of Motrin (which I’ve subsequently found that roughly only 5%, or so, of extractions do not require stronger pain medication following the procedure (source-2 local dentists), and I was in a lot of pain the following day so I asked my girlfriend to call the emergency #, since it was a Saturday. Not to go into all of the details but to summarize – the Dr. was completely unprofessional, dismissive, combative, and unapologetic when she relayed how unpleasant of an experience I’d had during my visit, and needed me to call him. When I spoke w/ him he treated me with the same lack of respect, hung up on me (which he’d also done to her), and basically accused me of “pill shopping” because I was asking for stronger pain meds. I understand this is more of a “bedside manner” issue, but feel it is important to mention it anyway (I cannot even begin to try to explain how appalling the Dr.’s behavior was via writing). Over the next few days my pain didn’t ease up at all, and began to get worse. I called the dentist office to ask about the symptoms I was experiencing and was told I needed to come in. I refused to see the same Oral Surgeon, but was advised he was the only one on staff and since I continued to refuse I was finally told I could see one of the location’s dentists instead. At this visit I was told I had developed a dry socket.
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7 ANSWERS

Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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No.
Answered on May 29th, 2013 at 12:53 AM

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Personal Injury Attorney serving Lake Worth, FL
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It is nearly impossible to give an opinion on a medical malpractice case over the internet. These cases depend upon the medical records and require evaluation by an expert. I can tell you that there is no claim if the only issue is the bedside manner of the physician. If you feel you were the victim of unnecessary procedures, you should contact a medical malpractice lawyer who can review your records and determine whether you have a case.
Answered on Aug 13th, 2012 at 12:24 PM

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Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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You likely do not have a claim of malpractice against the Oral Surgeon based on the information contained within the Question Detail. Y ou do not indicate that the extraction was done improperly. While you may be should have been prescribed a stronger pain medication, that, by itself, is not malpractice. If the Oral Surgeon did perform an unnecessary extraction or root canal, as mentioned in your actual Question, then you might have a malpractice claim. Your complaints against the Oral Surgeon do sound more like, in your terms, bad "bedside manner." This is not really something you can sue the dentist for. While you should not be treated the way you were, your own remedy is to complain to the Dental Board about his conduct. They can review his conduct and discipline him or her if they believe he acted inappropriately. You may still want to consider talking to a malpractice attorney. There may be additional facts, not contained in the information provided, in which you may have a malpractice or other case against the Oral Surgeon.
Answered on Aug 13th, 2012 at 12:24 PM

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Personal Injury Attorney serving Richmond, VA at Blank & Marcus, LLC
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You need a written opinion from a dentist that malpractice has occurred in your treatment before you can make a claim.
Answered on Aug 13th, 2012 at 12:23 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Yes you can sue, but the question should be can you win and what? I am sorry about your developing a dry socket, but that is not a terribly unusual side effect. Regarding the prescription, that will require an expert willing to testify the first dentist was wrong. In order to recover you will have to show the services provided did not meet the professional standards, which will require another similar dentist to testify the first dentist was negligent. Good Luck.
Answered on Aug 13th, 2012 at 12:23 PM

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Dennis P. Mikko
In any medical/dental malpractice, the issue is whether the professional acted in a manner less than the acceptable standard of care. Developing a dry socket does not mean malpractice as it is a known side effect of an extraction. You may wish to have your entire record reviewed by an attorney who specializes in dental malpractice who could then provide you with a more substantive answer.
Answered on Aug 13th, 2012 at 12:23 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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You can file a complaint with the State Board of Health. They do take it seriously.
Answered on Aug 13th, 2012 at 12:23 PM

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