QUESTION

Does my case merit filing a dental malpractice suit?

Asked on Apr 10th, 2014 on Personal Injury - Alabama
More details to this question:
Approximately three years ago, I went to a dentist who not only was verbally abusive to me, but also caused injury to me as well. I have had continuous and increasing pain on the areas she did root canals on. I did not go back to her, because of her surreal mistreatment of me and was afraid to go to another dentist until this past week, when I found out that the reason I have had so much pain is that when she did the root canals, there were foreign bodies left behind below the jaw causing severe abscesses. I now have to go to a specialist, who will have to do extensive procedures to try to remove these foreign bodies, if it is even possible for him to get to them. If it isn't, I will have to have two (or more) teeth extracted to reach the area below the jawline, and then get dental implants. I have other health issues as well, including a heart condition and this severe infection compromises my health. I am on permanent medical disability, which is my only source of income. The verbal abuse was bad enough, getting severe infections that are very costly and due to her negligence, is another. I do not believe that I should be held responsible to pay for the damage caused by this dentist. Please advise how I should proceed, as soon as you possibly can. This is rather serious. Thank you so much for your time and assistance.
Report Abuse

6 ANSWERS

Michael Eric Wasserman
You need a lawyer who can have the x rays from your former and current dentist evaluated to determine what errors were made by your prior dentist.
Answered on Apr 14th, 2014 at 6:08 AM

Report Abuse
Ronald A. Steinberg
You probably waited too long. Contact a lawyer in your state.
Answered on Apr 14th, 2014 at 6:07 AM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
Update Your Profile
The malpractice is in leaving foreign bodies in your teeth, not her bad manners. Given the foreign bodies and the consequences, you might have something to go on here. But depending on what state you are in, statute of limitations may be an issue. These cases are never easy, no matter how seemingly obvious at the outset. Contact a malpractice lawyer in your area right away.
Answered on Apr 11th, 2014 at 9:42 AM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
It would appear that you have outlined a potential case for professional negligence but also that you have stated that you have had issues and problems continuously over the last three years. The statute of limitations for malpractice actions is extremely short, commonly two years, and it would appear that because you have done nothing thus far you may be precluded from being able to seek your damages at this point.
Answered on Apr 11th, 2014 at 9:38 AM

Report Abuse
Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
Update Your Profile
"About 3 years?" there is a 3 yr statute of limitation from the date of malpractice if there was such. might make a difference that you did not know of the condition. You need to get your complete dental chart from the bad guy and have a good guy evaluate it. Then ask him if there is malpractice. Then see a lawyer about the statute of limitation issue.
Answered on Apr 11th, 2014 at 9:38 AM

Report Abuse
James Eugene Hasser
It takes a dental expert to answer your question. Medical malpractice lawyers that do dental malpractice cases typically have such experts available. Consider consulting one. Good luck.
Answered on Apr 11th, 2014 at 9:34 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters