QUESTION
Can I sue my dentist for messing up my tooth?
Asked on Jan 18th, 2014 on Personal Injury - Idaho
More details to this question:
About two years ago, I had a root canal done. Eventually, I started getting excruciating pain in that tooth and now going back to that same office, I was told that he messed up on the root canal and didn't put the crown on correctly. In order to fix their mistake, I would have to pay close to $3,000 or have it pulled. I don't have that kind of spare money just sitting around so my only option is to have it pulled. What should I do?
13 ANSWERS
Civil Litigation Attorney serving New York, NY
at
Havens & Lichtenberg PLLC
Update Your Profile
Try negotiating: See if the dentist would correct his/her mistake without charge - and buy you a Carribbean cruise - instead of having to defend against a professional malpractice law suit, pay for your root canal/crown being done by another dentist, pay for your pain & suffering, and take a serious increase in his liability insurance premiums. If negotiation does not work, call an attorney.
Answered on Jan 24th, 2014 at 6:29 AM
Edwin K. Niles
Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for ?pain and suffering?, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit.
Answered on Jan 22nd, 2014 at 3:27 AM
Automobile Accidents Attorney serving Providence, RI
2 Awards
You should consult with a Rhode Island licensed attorney experienced in personal injury / medical / dental malpractice claims to determine what rights, if any that you have.
Answered on Jan 22nd, 2014 at 3:26 AM
In California, the statute of limitations for health care provider negligence is one year form the date you did or reasonably should have learned about the injury or three years from the date of the injury, whichever occurs first. So if you were told more than a year ago that the dentist acted improperly you are barred from suing. If it has been less than a year demand of the dental office that they fix the malpractice without charge to you or you will have to file suit. An attorney probably would not handle the case because it is worth too little to be worthwhile. You should check with some to be sure. You might have to sue in Small Claims Court by yourself. You will need a witness to his negligence.
Answered on Jan 20th, 2014 at 5:22 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
Make sure you know what you are talking about. Take your dental chart (all the records about this) to a dentist you trust and ask him to review and give you his opinion.
Answered on Jan 20th, 2014 at 5:22 PM
You might try to sue the dentist in small claims court.
Answered on Jan 20th, 2014 at 5:22 PM
James Eugene Hasser
It takes a medical expert to answer your question. Medical malpractice lawyers typically have such experts available. Consider consulting one. Good luck.
Answered on Jan 20th, 2014 at 5:21 PM
Automobile Negligence Attorney serving Orlando, FL
at
Kelaher Law Offices, P.A.
Update Your Profile
You're not able to bring a claim against a dentist without first getting an affidavit from another dentist, attesting to his or her opinion that your original dentist deviated from the standard of care. However, since the statute of limitations in health care malpractice is two years from the date you discovered the malpractice, go to a lawyer IMMEDIATELY who practices in the area of malpractice as there is a document you can file with the court that gives you a 90 day extension of time to pursue the claim.
Answered on Jan 20th, 2014 at 5:21 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
See an attorney immediately, the statute of limitations to bring your proposed action on 2 years.
Answered on Jan 20th, 2014 at 5:21 PM
If you can establish that the dentist made mistakes in performing the root canal and in placing the crown, you could be compensated for replacement dental work, pain and suffering. A lawyer could write a letter for you, and probably convince the dentist to fix the mistakes at no charge in exchange for your giving up your rights to sue for malpractice.
Answered on Jan 20th, 2014 at 5:21 PM
Thomas Edward Gates
Take him to small claims if he refuses to pay for the fix.
Answered on Jan 20th, 2014 at 5:20 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
He said it was his fault so tell him he had better fix it or you will sue him for contractual damages. (The statute of frauds for personal injury is only 2 years in Idaho.)
Answered on Jan 20th, 2014 at 5:20 PM
Ronald A. Steinberg
Talk to another dentist. The first guy should fix any damage he caused.
Answered on Jan 20th, 2014 at 5:20 PM