QUESTION
Do I have a case to sue for negligence and for the expenses of having the other work done plus pain and suffering?
Asked on Apr 07th, 2014 on Personal Injury - Nevada
More details to this question:
My dentist did a root canal in December 2012. I have recently been having pain in that tooth. I went to a new dentist for an opinion. He sent me to a specialist who I had to pay $1300.00 to complete the root canal that she found incomplete. During her procedure, she found a metal object lodged in the canal that she is unable to remove in this price range. I have been in pain for a couple months before raising the monies to have the specialist do this procedure. There is a need for another procedure to remove this object that looks to be the end of the root canal instrument and financially it’s a hardship to obtain these funds rite-away.
11 ANSWERS
Ronald A. Steinberg
Sometimes the files break. That doesn't necessarily mean malpractice.
Answered on Apr 14th, 2014 at 5:55 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. 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 10th, 2014 at 7:21 AM
Thomas Edward Gates
You can file a claim against your previous dentist.
Answered on Apr 09th, 2014 at 1:45 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have a potential case, especially if the second dentist or root canal specialist will testify that there was a professional error. Your compensation would generally be the additional dental costs which were incurred and some compensation for your additional pain-and-suffering. You will have to take all the details to an attorney to determine whether or not they would be willing to undertake your case, and of course make arrangements for their payment which might be on some form of a contingency basis.
Answered on Apr 09th, 2014 at 1:45 PM
Bankruptcy Attorney serving Seattle, WA
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Carrington Law Offices, P.C.
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You have a valid dental malpractice case and should contact an attorney right away.
Answered on Apr 09th, 2014 at 1:44 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I am an expert on root canals. Have had several so I understand what you are dealing with but dont lose sight of the issue. The question is whether the first was done correctly. If not it stands to be corrected. Does the dentist know the problems. Has he turned the matter over to his insurance carrier? If you haven't talked to him you should. That would be the quick way to deal with it. going to court will take a year and a half, burn up a lot of your time, atty time and you will not be pleased with the result.work it out with the dentists.
Answered on Apr 09th, 2014 at 1:44 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You do have a case, but unfortunately that won't help you in the short run. The problem is, that regardless of the malpractice (even if obvious and provable) these cases are very expensive and time consuming. It takes tens of thousands of dollars and hundreds of hours of attorney's time to bring a successful malpractice action. Doctors and dentists know this, which means they can get away with malpractice if the result is such that it won't be "worth" pursuing from a lawyer's point of view. But don't give up. Call a few med-mal lawyers in your area, maybe someone will be willing to take it.
Answered on Apr 09th, 2014 at 12:17 PM
James Eugene Hasser
It takes a dental expert's opinion 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 09th, 2014 at 12:17 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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In order to pursue a claim against a health care provider (and in Florida, a dentist is considered a health care provider) you are required to have an opinion (in affidavit form) where another "similar health care provider" (another dentist) states that "reasonable grounds exist to support a claim of negligence against the original dentist".....without such an opinion, you're not going to get anywhere. You need to contact an attorney who has experience handling medical (and dental) malpractice cases. Don't forget the statute of limitations is two years from the date you discovered the malpractice, and the statute of repose is no more than four years from the actual act of malpractice. As a "good old boy" friend of mine once said, "Time's a-wasting".
Answered on Apr 09th, 2014 at 12:17 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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It would be best to have the repair work done and obtain an opinion about whether the first dentist caused your problems.
Answered on Apr 09th, 2014 at 12:16 PM
If your current dentist will testify against the other dentist who did the bad job in 2012, you have good reason to find a malpractice lawyer and pursue your case. You would be able to seek payment for pain and suffering plus reimbursement of all dental bills.
Answered on Apr 09th, 2014 at 12:15 PM