QUESTION

Do I have a case?

Asked on Aug 24th, 2014 on Personal Injury - Colorado
More details to this question:
My daughter got braces .The orthodontist said she had what they called a crazy canine. So she suggested we put a chain on it. WE did then after a check up the ortho noticed a gap were the tooth was so she told us to see a bone grapht dr. we did he sent us to a periodontist we did he said the root was dead a had to pull it .so please some one help me out my girl is only 15 and akes excellant care of her teeth
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1 ANSWER

Consumer Law Attorney serving Denver, CO at Chalat Hatten & Banker PC
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We caution all potential clients that medical malpractice claims are very difficult to win - few settle and those that are tried are won by the doctor 9 out of 10 times.  Those cases which have the best chance for a good outcome for the plaintiff are those where a clear act of negligence, or omission of appropriate care, are clearly apparent in the medical record.  Poor results from dental care, particularly the death of a tooth root, is a very difficult basis upon which to bring a claim. However, even if negligence can be established, I am doubtful that it would still be in your best interest to pursue a case.  We estimate that the litigation expenses alone, excluding attorney fees, will run $30,000 to $50,000 for the "average" medical malpractice case - these are costs for which the plaintiff is responsible regardless of the outcome of the claim.  Only those cases where there is catastrophic injury requiring significant future medical expenses do the damages warrant the risk of litigating the claim.  I regret not being able to offer more hopeful advice, but given the information you provide I do not believe the poor results your daughter experienced will compel a jury to a substantial award.  Another attorney may have a different opinion and I encourage you to seek a second opinion.  Please keep in mind that you have a two year statute of limitations in Colorado for filing a medical malpractice claim, you must file within two years of the act of negligence or lose your right to do so.  Other time limitations may apply. I wish you luck.
Answered on Aug 27th, 2014 at 6:23 AM

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