QUESTION
Can I sue for 3 years of dental pain from a root canal and 2 crowns that have had to be replaced that were only 2 and 3 years old?
Asked on Dec 28th, 2013 on Personal Injury - New York
More details to this question:
The crowns were required after he had recommended my silver fillings be removed and replaced with porcelain, at which time he fractured the tooth. I went to another dentist after years of pain, filing down of the crown and upper tooth, and the crown coming off, and treatment for infection. The new dentist indicated the crown was damaged, plus a 2nd crown that was put on because the original dentist claimed that my pain was phantom pain from another tooth, will also need to be replaced because it is not on the tooth correctly. There's much more, this is only a summary.
6 ANSWERS
Edwin K. Niles
Of course you can sue, but there are strict requirements that include getting a declaration from another dentist. See a med mal lawyer.
Answered on Jan 02nd, 2014 at 3:51 AM
Ronald A. Steinberg
If a competent dentist will say that the first guy screwed up, you can sue. If you sue, you can seek to collect of the foreseeable damages you have suffered.
Answered on Jan 02nd, 2014 at 3:51 AM
James Eugene Hasser
In Alabama, you may be too late. The time to file is within 2 years from the act of malpractice. It takes a dental expert to answer the question, anyway. Medical malpractice lawyers that do dental malpractice typically have such experts available. Consider consulting one.
Answered on Jan 02nd, 2014 at 3:51 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Sounds like you have had a really bad situation with pain. Been there, done that, so I understand. I suspect the dentist has his own version and it is not likely to be anything similar to yours. You need to gather together all your dental chart material (records) and have a dentist review it. statute of limitations is 3 years. your time may have run. see a lawyer quickly in any event and let him guide you as to what you might do. If the statute has run you can do nothing.
Answered on Jan 02nd, 2014 at 3:50 AM
Michael Eric Wasserman
You need to have your claim assessed by both an outside dentist and a lawyer to determine what claim you may have and whether it has sufficient value to pursue legally. Professional negligence claims are expensive to pursue and your damages may be insufficient to justify a legal action.
Answered on Jan 02nd, 2014 at 3:49 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 conform 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 30th, 2013 at 11:46 PM