QUESTION

Can something be done about a dentist pulling teeth when not necessary?

Asked on Apr 26th, 2014 on Personal Injury - Alabama
More details to this question:
My daughter walked around Monday complaining about a back tooth hurting I oral gel on it but she said the pain didn't ease. I then thought it may be an ear infection so I took her to my local emergency room where I was told that the ears looked fine. They noticed some swelling on the left jaw and said that it could be from dental issues and was prescribed a pain medicine and an antibiotic. Tuesday morning she woke me up again complaining of pain and this time her jaw was swollen so bad that the eye has been forced shut. I immediately called the dentist and got her in. They dentist told me that they needed to pull 4 teeth on the top in the front to release pressure well of course I gave the OK because I believed the issue to be in the mouth. After the teeth were pulled we were instructed to go to the emergency room where they had been informed that we were coming for a ct scan and antibiotics through IV because the infection was so severe. She went for her ct scan and then the doctor came in with results saying that there was not and infection in the mouth but that she did have an infection because the white blood cell count was high. I then was told she would be admitted to the pediatric floor for observations. After being transported to the main campus and put on the pediatric floor I then learned that the infection was in her skin and soft tissues. This infection was called preseptal cellulitis. I'm am very upset with the dentist pulling 4 teeth at one time on a 6 year old child. And my concern is that if the ct scan didn't show any infection in the mouth then how did the dental x-rays show infection and cause her to lose these teeth. She now has to pretty much relearn how to eat until she gets her permanent teeth in 2-3 years.
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5 ANSWERS

Ronald A. Steinberg
the burden of proof is on you to prove malpractice. So, you will need a dentist who is willing to testify that the other guy did it wrong.
Answered on May 23rd, 2014 at 2:05 PM

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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. For these reasons, not many lawyers handle malpractice cases. You should seek a specialist. You can contact your LOCAL bar association for a referral.
Answered on Apr 28th, 2014 at 5:44 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Instead of your writing the medical program you need to get a dentist and perhaps a doctor to review all the chart materials and ask them before you start making charges against professionals. I doubt if you are qualified to do what you are doing.
Answered on Apr 28th, 2014 at 3:53 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at 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 Apr 28th, 2014 at 3:18 PM

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James Eugene Hasser
It takes the opinion of medical dental expert to answer your question. Medical malpractice lawyers who do dental malpractice cases typically have such experts available. Consider consulting one. Good luck.
Answered on Apr 28th, 2014 at 2:23 PM

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