QUESTION
Do I have a case of dental malpractice if my top tooth doesn't reach the bottom tooth now?
Asked on Apr 01st, 2014 on Personal Injury - Washington
More details to this question:
I went to a local dentist yesterday for a cleaning. They had called me to go in before my appointment because he wanted to go home early. I had a tooth with a small chip on the edge, nothing big. Next thing I know he's sanding down my teeth. He put some hard paste on the back of my tooth and it felt so weird like my tooth was bigger than it was. He asked me if it bothered me. I said yes and he continued to file it down but not only the back but the bottom of it and one of my bottom tooth. When he asked me to check again, I couldn't feel my top tooth, as if it was gone. I can't bite anything small now because my top tooth doesn't reach my bottom tooth and my other tooth is too weak to bite. I can't bite my nails and it's stressing me out too much. I bite my nails when I stress and I can't now! This has mad me cry and feel like I'm toothless. I have to keep looking in the mirror to remind myself I have a tooth there. I'm scared to go and try to fix it because it might make it worse. I am never going to this dentist ever again, and I might never see a doctor as long as I live.
5 ANSWERS
Ronald A. Steinberg
If a dentist will testify, then you have a case.
Answered on Apr 22nd, 2014 at 10:47 AM
James Eugene Hasser
You may have a case, but I am concerned your damages may not be severe enough to warrant the cost of pursuing any such claim. It takes a medical dental expert to answer your question as to whether malpractice may have occurred. Medical malpractice lawyers that do dental malpractice cases typically have such experts available. You might want to consider consulting one.
Answered on Apr 04th, 2014 at 6:31 AM
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Andrew T. Velonis, P.C.
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Get a grip. The kind of doctor you need has a couch in his office. Biting your nails is a bad habit, so no one is going to consider that aspect as compensible. 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. Expert witness testimony is required for that reason. If you don't want to go back to that dentist, fine. If you don't go to any dentist, then the problem will never be addressed. You can't complain that you have a problem if the reason you still have it is that you have not addressed it. As for never seeing a doctor again, you are over-dramatising, and no one is impressed.
Answered on Apr 03rd, 2014 at 12:18 PM
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 03rd, 2014 at 5:28 AM
Thomas Edward Gates
You have not defined the malpractice. If he followed standard practice, then there was no malpractice.
Answered on Apr 03rd, 2014 at 5:27 AM