QUESTION
Do I have a malpractice lawsuit against a dental company?
Asked on Sep 07th, 2011 on Personal Injury - Ohio
More details to this question:
I went to a dental company on June 04 2011. While I was there for a routine dental check up, the dentist discovered a bad tooth. He said "that the tooth needed to be removed. At that time we went over different opinions I had to replace the tooth. I choose to have the dentist remove the tooth and place a bridge there. During the tooth extracting I was given several shots of numbing medicine which wasn't not working. I was letting the dentist know every time and she would still continue with the procedure disregarding my pain. When it came time to remove the tooth I was extreme pain and she continue to pull my tooth. When my tooth came I asked to see it cause something didn't feel right. I was told no they don't show the tooth.She then placed a temporary bridge in my mouth. He wrote me a prescription for a pain medication. When I got home I discovered that she had tore out the top part of my of my gum as well. When I called to report the extreme pain I was in, all that was said was that she would write another prescription for a pain medication. I ended up going into the dentist to let them see I was told it was healing just find. She had a head dentist look and he asked if I was taking the antibiotics that were given. I responded that I never got any. She then wrote a prescription for another medication, but by that time it was too late. I had an infection already. I ended going to the emergency room because there was too much pain and I wasn't getting any help at the dentist. When the doctor saw it, she was confused why the dentist left all my nerves exposed. She let me know I had a really bad infection. There is some more to the story. I am running out of typing space here. I have a picture and more to tell if someone would please contact me.
9 ANSWERS
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Dental/medical malpractice cases are always difficult to prove, as well as expensive and time consuming. Extractions necessarily include a possibility of complications, including damage to surrounding tissues, so it is possible that some of the injuries were unavoidable. As for the nerve exposure, pain and infection, there may be a failure to adhere to accepted practice, and resulting injury as well, but in order to be able to pursue it, we would have to show that the consequences are severe enough to merit recovery.
Answered on Sep 09th, 2011 at 8:04 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Infections are common with any procedure. No claim just on that account. As far as the other things you say, if you find a dentist who will testify that there was malpractice you may file a dental malpractice claim. You should get your full and complete chart for review by your expert. It is yours. You can ask for it and expect to get it.
Answered on Sep 09th, 2011 at 11:46 AM
Contact your local bar association for referrrals of plaintiff's medical malpractice attorneys to obtain an attorneyforlegal advice and representation regarding your dental problems.
Answered on Sep 09th, 2011 at 10:56 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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It sounds like the dentist acted below the standard of care, which is what you need another expert dentist to say to hold her liable. Hopefully the ER records state that the doctor observed the exposed nerves. You should obtain a copy immediately. Not prescribing the antibiotics certainly seems like that was below the standard of care. I recommend that you find a medical malpractice attorney who can ask all the necessary questions and then apprise you of whether you have a good case or not.
Answered on Sep 09th, 2011 at 8:46 AM
Workers Compensation Attorney serving West Palm Beach, FL
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Maybe but it depends on whether you now have a permanent injury. You have to call a medical malpractice attorney.
Answered on Sep 08th, 2011 at 8:52 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Yes, you may very well have a dental malpractice case.
Answered on Sep 08th, 2011 at 8:05 PM
Theodore W. Robinson
You may have a dental malpractice case, but I doubt it. The reason is because you'd have to find a lawyer who would take on such a case and then he/she would have to find a dentist who would act as an expert witness on your behalf. For what the final outcome sounds like it was, there was not sufficient injury to warrant an attorney to make such an investment in time, energy and money to warrant a malpractice suit. Of course, there may be some attorney out there who is hungry enough to take on such a case, but even then, juries are regular people who have all experienced extreme pain when going to the dentist and they are not all that willing to award a lot of money if there was just pain because the Novocaine didn't work well or there was a subsequent infection - that is, unless there is a lot more to the story.
Answered on Sep 08th, 2011 at 7:44 PM
Personal Injury -- Plaintiff Attorney serving Cleveland, OH
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Mishkind Law Firm, Co., L.P.A.
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A claim against a dentist for negligence requires the same type of proof required for a claim against a medical doctor. You must prove a duty owed by the dentist, a breach of the standard of care or duty and injury directly caused by that breach. In your case it sounds like you may have evidence to establish a breach of the duty owed and damages. My only concern would be whether the nature and the extent of the damages caused would warrant pursuing a dental negligence claim. If the damages are limited and you have recovered without any long term impact it may not be worth your time and expense to pursue. You may wish to report this dentist to the Ohio Dental Board as it sounds like the practice of dentistry at this office is lacking and while you have been damaged your recovery of compensation if you pursued a claim through an attorney might not sufficient to make it worth your while. I hope this helps.
Answered on Sep 08th, 2011 at 7:44 PM
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I would suggest calling an attorney right away as you probably have a claim. Limitations periods are very short in Ohio for malpractice, so please do not delay.
Answered on Sep 08th, 2011 at 7:43 PM