Can I sue my dentist and if so, how do I go about doing so?

You absolutely, unquestionably, have to see another dentist as soon as possible. First - and foremost - because your well-being depends on it. Living in such pain and letting your tooth rot is, simply, not reasonable. Second, because you would have to show to the court what your first dentist should have done; the best way to do it is to get proper care from a respectable professional. Third, because the longer you wait the better chances you give to the defendant dentist to say that, whatever the condition of your teeth you end up with by the time you got treatment, it has developed after you came to her (so, basically, she is not responsible - you are). Finally, any judge or jury deciding your case will have to weigh the faults: that pain that you have suffered, was it because the dentist did not treat you timely or because you did not go to another dentist as soon as it became clear that you were not receiving the right care from the defendant the tooth that you lost (and have to pay for an implant, or whatever, as a result), could it be saved if the defendant treated it right when you first came to see her - and could it be saved if you acted as a reasonable person and went to another dentist? Plainly speaking, the outcome of the case against this dentist will depend, to a large extent, on whether you act as a reasonable, responsible adult. Talk to your friends and co-workers: chances are, someone knows a really good dentist. Take care of your teeth, without any further delay. Then, consult an attorney who knows how to prosecute dental malpractice claims. But first, for Pete's sake, go and get a good dentist look at your tooth!

You should consult with an attorney experienced in medical/dental malpractice. First you would have to determine, by expert review, if the dentist's actions fell below the acceptable standard of care.

You will still have to go to another dentist to receive an opinion that the first dentist deviated from the proper standard of care. It also appears you need a dentist to correct your present problems.

You need to consult with a malpractice specialist and get your X-rays reviewed by an independent expert.

In order to sue a dentist, you need to send a 90 day notice letter first. Then you can file a complaint in court. You must prove that something the dentist did was below the standard of care in the community and that it caused you injury and damages. It is not easy to prove this. You need the expert testimony of another dentist with the opinion that your dentist violated the standard of care in the community and that it caused you injury and damages. As I see it, the cost of going to trial on a case like this, where your injuries might not be serious, would be more than you might be awarded. I would first see another dentist and inquire as to whether he or she believes that what was done was below the standard of care.

For medical malpractice you will need another dentist (an expert) to testify that that your current dentist did something that was below the standard of care. You need to search for a medical malpractice attorney and perhaps one that has experience with dentists (always better since he or she would have some familiarity with the science of the mouth/teeth). Attorneys handling this will do so on contingency and will five you a free consultation. But you are going to need to go to a new dentist to see what is going on. The delay can be considered unreasonable on your part and partial fault may be attributed to you for doing nothing for nearly 5 months except suffering in pain. Your expert can be a treating dentist. So either the attorney can recommend one for you or you can search for one in your area, preferably one that has litigation experience as an expert so he or she will know how to say that your current dentist was at fault using proper legal lingo and will not be afraid to get involved in a lawsuit. Most doctors and dentists want nothing to do with litigation. Others make it a regular portion of their practice.

You need an expert witness to make out a malpractice case. A bad result alone is not enough to make a malpractice case.

YES you can sue . . . if you can PROVE your case. Contact a medical malpractice attorney for details.

If you have periodontal disease, that was something that developed over a period of time. Unless you floss your gums, brush your teeth at least twice a day, and have regular dental exams, you caused the problem. Now, you cannot expect the dentist to fix it overnight. Gum disease allows bacteria and other bad stuff to cause damage to the teeth, and especially to the roots (where the nerves are) and so that is why it hurts. You need to get the problem fixed. Then at the same time, you need your dentist to address the position being taken by the insurance company. You may need to sue the company to get reimbursed for the cost of the dental treatment. However, if you wait to get the dental care, you will probably lose your teeth, and if the infection spreads through your body, you could cause significant heart problems and other life-threatening difficulties.

In order to sue a dentist, one needs to file a medical malpractice case. These are very expensive to pursue because you need to hire an expert in the field to review the records and sign an affidavit of merit before you can sue. You must retain an attorney with expertise in the field. Good Luck. It would not hurt to discuss your bill with your old dentist.

Unless your dentist has harmed you in some way, you do not have grounds to sue him. If you do not trust your dentist, it may be a good idea to seek a second opinion.

Just because you cannot chew on the right side does not necessarily mean that the dentist did anything wrong. There are known complications for all dental procedures. Generally, to establish dental malpractice you must prove: (1) The generally recognized standard of care for dentist performing the dental work that was done; (2) that the dentist deviated from this recognized standard of care doctor; and (3) that the deviation was the proximate cause of your pain. More simply, you have to prove that the dentist did, or did not do, something that other dentists would have differently under the same circumstances. In most cases, a dentist must establish (usually through his or her testimony) the items listed. While the insurance letter you quoted differs from what your dentist said, this is not sufficient to prove that the dentist committed malpractice. I do not have enough information to offer an opinion as to whether you have a case against the dentist. Assuming you do not have an attorney, who would do these items for you, you can sue your dentist by filing a complaint against him or her. You would then have a copy of the complaint and a summons served upon the dentist. After that there are a number of things that may or can occur before you, depending on the evidence, end up at trial. You should be aware there is a statute of limitations on dental malpractice claims. If you do have a case settled or a lawsuit on file before the statute of limitations expires, you will lose, assuming the dentist does not waive this defense, your chance to get any money from the dentist. The statute of limitations for dental malpractice is usually two years from the date of the negligent act by the dentist. Although you list some dates, I do not have enough information to answer when the two year statute of limitations would expire. I would suggest consulting with an attorney who handles dental malpractice cases. He or she can better advise you about your rights and the statute of limitations for your possible claim.

You need to see an attorney, and will have to be assisted in finding a dentist who is willing to testify that your present dentist was negligent. That might not be easy.

What you need to do next is to get to another dentist, terrified or not, insurance or no. Each day you wait, it's only going to get worse. As for malpractice, in order to determine whether you have a cause of action, you would first have to get all of your dental records, have them reviewed by another dentist, and have the reviewing dentist determine if the first dentist failed to conform to accepted practice.

"Malpractice" is when a doctor is careless or otherwise provides medical care that is not up to the generally accepted standards (better known as the standard of care). You can sue your dentist but you will not be successful unless he/she has committed malpractice. If you have reason to believe that your dentist committed malpractice, you should collect ALL (including copies of all x-rays) of your medical records surrounding the treatment and discuss the matter with a medical malpractice attorney. You should be aware all claims have statutes of limitations that apply to them. This means that you must take action on all claims within the required time period(s) or your claims will be barred forever. Contact our office or another competent attorney immediately to discuss the particular facts of any claim you might have to learn what time periods apply to your particular situation. The information here has been prepared for informational purposes only and should not be construed as legal advice or a legal opinion on any specific facts or circumstances. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship between the sender and receiver. Readers should not act upon this information without seeking professional counsel.