QUESTION

How do I approach this incapable dentist and charge him for dental negligence?

Asked on Feb 08th, 2013 on Personal Injury - New York
More details to this question:
I had an upper left molar filled, 3 surfaces. I kept biting my cheek and called, rec said that it needs to SETTLE and I will be fine. I started getting ear and headaches and called back and was told there are no immediate apps so I suffered .I went to have teeth cleaned and hygienist said the buccal was broken away from the bonded tooth. Dr. was not in and she gave me an appt for 2 weeks away. Pain in my ear and jaw killed me, so I thought it was ear infection, went to my MD and he said it was definitely a mouth problem. Got an emergency appt, finally and dentist said I had an infection from biting my cheek, put me on zpack for 5 days and went back after 5 days still in pain, so heut me on Clindamycin for 10 days. I was going out of my mind in pain, so I went to another dentist yesterday and he ground down the tooth and said that the filling is sitting a tiny bit above nerve and soon I will need root canal and crown. I am finally out of pain and feel that the dentist should compensate me for other dentist visit, pain and suffering and cost of antibiotics.
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11 ANSWERS

Ronald A. Steinberg
You need to get a dentist of comparable credentials who is willing to testify against the guy against whom you are making a claim. If you do not have an expert, you are going to lose.
Answered on Feb 21st, 2013 at 11:08 PM

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Christian Joseph Menard
You need to get your new dentist to opine whether the work done by the first dentist was negligently performed. If he opines that there was negligence, you need to serve the negligent doctor with a notice of intent to sue. He will then have 90 days to either settle your claim or refuse to pay it. If he refuses and at the expiration of the 90 days, you can file a lawsuit provided the statute of limitations has not expired.
Answered on Feb 13th, 2013 at 1:49 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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See an attorney who handles health care malpractice cases, as the hoops you have to jump through are very difficult even for the average lawyer, much less a layperson like you. Bringing a claim against a doctor or a dentist raises a lot of issues that you could never handle on your own (with all due respect to you....many lawyers don't know how to handle malpractice cases). Remember, the statute of limitations in Florida is two years from the date you should have discovered the malpractice.
Answered on Feb 12th, 2013 at 11:43 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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You hire a lawyer, if you can find one to take the case. Since there is no permanent impairment, most attorneys will advise you that it is not worth the trouble.
Answered on Feb 12th, 2013 at 10:21 PM

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James Eugene Hasser
You can try to get something out of the dentist, but I think you'll probably waste your time. Medical malpractice cases are so expensive and time consuming that unless you have a situation where someone is dead, dying, lost a limb or paralyzed, the case is not worth pursuing. You might want to file a complaint with the medical board as an alternative.
Answered on Feb 12th, 2013 at 7:44 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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What you "feel" does not count for anything. You need an opinion from a dentist that what was done was dental malpractice. if you get it, ASK the bad guy to give it to his liability carrier. If he will not sue him for malpractice, remember you cant do that without a dentist to back you up. You don't get benefits just cause you had a bad time. things happen.
Answered on Feb 12th, 2013 at 7:39 PM

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It might be possible to sue the dentist for professional malpractice; I could not say, with certainty, whether you have a case until I reviewed your dental records. In deciding if you want to take this dentist to court, consider what is your objective - compensation or vindication of the wrongdoing that was done to you. The reason for this question is that you might not get both. Your actual losses (costs of prescriptions and medical and dental care) are in the low hundreds of dollars range. Compensation for pain and suffering is very much dependent on the judge and jury, as there are no legal standards for it, but you should not expect to retire on the awarded money. It is true that, from time to time, juries award millions for pain and suffering; but those awards come in the cases where injuries are very severe, and the pain is expected to last for many years. In your case, you might - probably - hope for an award from several hundreds to a couple of thousands. Meanwhile, the costs of litigation are quite certain: only the court filing fees are $325; your attorney will have to pay a stenographer for recording a deposition of the defendant, and an expert - to come and testify for you at the trial. Then, you will have to pay your attorney. Chances are that, at best, the award might cover your costs; there is also a real possibility that you might end up paying out of pocket for prosecuting your lawsuit. It does sound unfair, I agree. But this is the reality. And this is one of the reasons why bad doctors and dentists don't get sued and stay in business for years. So, if it is vindication you are after, you might opt for filing a complaint with the State of New York (call 800-442-8106 to start the process). Your dentist will have a few sleepless nights and will likely have to retain an attorney to answer your complaint; if the board decides that his handling of your case was below professional standards, he might get reprimanded and be required to take a course in continuing education; his malpractice insurance premiums might go up; but don't expect him to lose his license. If you want to get some money back, retain an attorney. Faced with a real prospect of spending countless hours in depositions and in court (instead of working and making money), and of paying his attorney, your dentist might offer you a settlement. Don't expect much, but it should cover your economic losses, and give you some symbolic compensation for your pain. But, if the dentist decides to see whether you are serious about suing, you are back to the long paragraph at the beginning of my answer.
Answered on Feb 11th, 2013 at 11:23 PM

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You can make a written demand on the first dentist and tell them to submit the claim to their insurance carrier. Or you could hire a lawyer who specializes in dental/medical malpractice claims.
Answered on Feb 11th, 2013 at 11:05 PM

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Personal Injury Attorney serving Northglenn, CO
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Medical malpractice cases require a certification by another medical provider saying that what the initial medical provider did was negligent. So, if the second dentist said the first dentist was negligent and is willing to testify to that, you may have a case.
Answered on Feb 11th, 2013 at 10:51 PM

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Write the dentist a detailed letter containing the history of your issue, request a settlement and a response within 10 days, and otherwise contact an attorney. You should create a journal recording this matter, including your pain, suffering, inconvenience, and expense. Such a document will quickly inform an attorney of the background of your claim and provide for more efficient communications.
Answered on Feb 11th, 2013 at 8:49 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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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 adhere to accepted practice, and resulting injury as well, and expert witness testimony is required for that reason. In order to be able to pursue the matter, the consequences would have to be severe enough to merit a substantial enough recovery to justify the time and expense.
Answered on Feb 11th, 2013 at 8:48 PM

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