QUESTION
Can I sue my dentist for not fixing all of my cavities?
Asked on Mar 23rd, 2013 on Personal Injury - Florida
More details to this question:
I had sedation dental work yesterday to fill 6 cavities and have a "deep cleaning" done. I have a severe dental phobia so I hadn't been to the dentist in years and that is why I had to be sedated. Today coming out of my stupor, I noticed that one of my cavities looks exactly the same - meaning I have a large hole still existing on one of my molars. It definitely looks blackened and decaying. It's not easily missed if I can see it myself in the mirror. I was not told upon awakening that they had found a new one that would need to be fixed in the future or anything. Also, if you did a deep cleaning on my teeth, how could that be missed? I do NOT want to go through the dental phobia all over again and I'm very distraught.
7 ANSWERS
Ronald A. Steinberg
Are you a dentist? The fact that something looks the same does not mean that it is the same. Why don't you talk to the dentist before you go running off to court.
Answered on Apr 01st, 2013 at 11:48 PM
Yes, you could sue for malpractice but you will need to prove damages.
Answered on Apr 01st, 2013 at 2:24 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. Looking at your teeth in the mirror is meaningless. You have to get to another dentist and find out what you've got. Malpractice or no malpractice you need to know so you can take care of your dental health.
Answered on Mar 26th, 2013 at 10:59 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
Answered on Mar 25th, 2013 at 1:29 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You need to deal with your phobia. Sue him for what? Not filling a cavity. What is that worth? A few dollars if anything. It will cost you many many dollars to hire a dental expert to testify for you and I doubt that any lawyer would take the case.
Answered on Mar 25th, 2013 at 1:28 PM
Michael Eric Wasserman
For missing one cavity there is insufficient harm or damage to sue your dentist even with your dental phobia. I would suggest you return to the dentist and advise them of what you have found. They should take care of everything and hopefully at their own expense.
Answered on Mar 25th, 2013 at 1:28 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Why don't you approach your dentist and discussing this with him before you consider suing him?
Answered on Mar 25th, 2013 at 1:28 PM