QUESTION

Can I sue my dentist for malpractice? How?

Asked on Jun 19th, 2013 on Personal Injury - South Carolina
More details to this question:
In 2010, I had all 4 of my Wisdom Teeth pulled by a local Oral Surgeon. Now 3 years later my regular dentist said that the oral surgeon took out too much bone from my jaw when he extracted my wisdom teeth. He couldn't understand why, as there were no notes in my file as to why he removed so much bone from my top right jaw. After the surgery, my right top molar has been causing me pain off and on since, so I asked my dentist at my last appointment 2 days ago what he thought, he said because of the bone loss in my jaw from the surgery, I now have to have the tooth extracted. The oral surgeon has since left that office, but is there any kind of a case there?
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6 ANSWERS

Ronald A. Steinberg
Why do people think that, as brilliant as we lawyers are, that we are experts in dentistry, medicine, physics, accounting, etc. If a competent dentist will testify that the first guy screwed up, then you can sue. If not, then you cannot prove your case. Since you are obviously not a dentist either, then your thoughts or feelings do not have the weight of evidence. You need an expert to testify.
Answered on Jul 31st, 2013 at 8:10 PM

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James Eugene Hasser
Talk to a medical malpractice lawyer. Good luck.
Answered on Jun 20th, 2013 at 9:28 PM

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You have one year from the date of the malpractice or when a reasonable person would have known about the malpractice, so it seems you can still sue. See an attorney who handles dental malpractice, but they may say your case is not worth enough for them to go through the costs of a malpractice suit.
Answered on Jun 20th, 2013 at 9:04 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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I do not think oral surgeons remove b one when they extract teeth. You perhaps ought to have a qualified oral surgeon review your entire dental chart and see what he thinks. You biggest problem may be the statute of limitations which is 3 years.
Answered on Jun 19th, 2013 at 8:30 PM

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Personal Injury Attorney serving Great Neck, NY at Goldman & Maurer, LLP
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The statute of limitations for medical/dental malpractice is 2 1/2 years from the date of the malpractice. Based upon the factual scenario you have presented, you may be time barred from commencing any suit. The time within which to bring such a suit may be extended in circumstances where the malpractice was committed on one date, but the treatment of the same condition continued thereafter: its called the "continuous treatment" rule. However, based upon what you've stated, I think you are time barred.
Answered on Jun 19th, 2013 at 8:29 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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I don't know if you have a suit. In the following explanation of what you need, substitute Dentist for doctor/nurse. This is an auto text response to this question that I get 3 or 4 times a day. To successfully sue for malpractice, you need three things: 1. Evidence that the doctor/nurse deviated from acceptable standards of due care, either by act or omission. This is also referred to as negligence. A bad outcome, in of itself, is not evidence of negligence. You need a doctor to testify that the doctor/nurse was negligent. 2. Evidence that the negligence cause some harm. 3. Significant damages. If the negligence caused minor damages, it would not be economically feasible to bring a ,malpractice case, because the cost in expert witness fees would exceed your damages. I know some malpractice attorneys who require at least $500,000 in medical bills or lost wages caused by the negligence before they will consider the case. How you sue is find a medical malpractice attorney to take your case. Go to the yellow pages and internet to find one in your area.
Answered on Jun 19th, 2013 at 8:29 PM

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