QUESTION
Is it considered a malpractice if the dentist pulled out the wrong tooth?
Asked on Aug 26th, 2012 on Personal Injury - California
More details to this question:
I want to sue a dentist clinic for dental malpractice. My good tooth had been pulled out, and in my mouth remained my bad tooth, it caused me to have pain and infection during my teenage years and no one could tell me what was wrong with my tooth. I had to go to another dentist and perform oral surgery for my bad tooth. It has been pulled out, I thought the oral surgeon could of have save my tooth but my tooth has been infected and it needed to be extracted. I need help.
17 ANSWERS
Yes, you may possibly have a case.
Answered on May 28th, 2013 at 9:10 PM
4 Awards
Yes, that seems to be malpractice.
Answered on May 28th, 2013 at 9:10 PM
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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The answer to your actual question, "Is it considered a malpractice if the dentist pulled out the wrong tooth?" the answer is "it depends." If the dentist was supposed to pull out a particular tooth but pulled a different tooth out instead then the dentist would have committed malpractice. However, if the dentist pulled out a tooth that was believed to be the cause of your pain and only after the tooth was pulled was it determined that the tooth that was pulled was not the one causing you pain then you would only have a case if the dentist knew, or should have known, that the tooth pulled could not have been causing your pain. This assumes you consented to the dental extraction knowing that the tooth being pulled may not be the cause of your pain. The information you provide is somewhat confusing as to whether you can still sue the dentist, assuming you can prove malpractice, because of the possibility that the statute of limitations may have expired. For malpractice cases, you generally have two years from the date of the malpractice to either settle or have a lawsuit on file. For minors, the statute of limitations is extended under their 23rd birthday. There are a couple of other exceptions, but, based on the information you provide, I cannot tell whether they would apply. If the "wrong" tooth was pulled during "your teenage" years and you are older than 23 now, the statute of limitations may have expired on your claim. I would strongly suggest talking to an attorney so he or she could get more complete information about both the statute of limitations and the underlying malpractice case.
Answered on Sep 11th, 2012 at 9:17 AM
Dennis P. Mikko
Whether you have a claim for malpractice may depend on when the tooth was pulled. If it was more than two years ago, you may be past the statute of limitations. Based on what you have said, it sounds like the first dentist made a mistake that may have breached the standard of care. You should have your case evaluated by an attorney specializing in dental malpractice.
Answered on Sep 11th, 2012 at 9:16 AM
William C. Gosnell
Hire a lawyer. Yes pulling a good tooth and leaving the bad one is a deviation from the standard of care.
Answered on Sep 11th, 2012 at 12:39 AM
Yes. But . . . Where were you when dentist was pulling out the wrong tooth?
Answered on Sep 10th, 2012 at 12:57 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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One tooth does not a lawsuit make. You need dental insurance. Find an employer that offers health insurance, with dental. Wait for the qualification period to expire then get more dental work and max out each year with cleaning, xrays, 6 month exams, whitening, etc.
Answered on Sep 05th, 2012 at 4:23 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Pulling the wrong tooth would probably be malpractice. You say this happened when you were a teenager. You have only three years to file a malpractice claim, or one year after your 18th birthday if you are a minor when it happened.
Answered on Sep 05th, 2012 at 4:22 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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In order to prove a dental malpractice case, a claimant must prove a failure to conform to accepted practice, resulting in an injury. A bad result is not enough, and if it is a "judgment call" by the dentist, there is no malpractice, even if the dentist made the wrong call. You will need to get copies of ALL of your dental records and have another dentist review them; if he/she is willing to testify that your previous dentist failed to conform to accepted practice, then you have a case
Answered on Sep 05th, 2012 at 4:21 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Ask you new dentist/oral surgeon if the previous action was an error, however, if the initial actions was too long ago, you may have lost your rights to sue.
Answered on Sep 05th, 2012 at 4:20 PM
Personal Injury Attorney serving Beverly Hills, CA
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Engelman Law, APC
How long ago was the tooth pulled? Generally there is a one-year statute of limitations on dental and medical malpractice unless there is an event that tolls that statute. You should consult with an attorney to see if you have a viable case.
Answered on Sep 05th, 2012 at 4:19 PM
Ronald A. Steinberg
Yes. You need to find out whether or not an artificial tooth (an implant) will work. Of course, you need to remove the bad tooth. The cost of the implant as well as the issues that the mistake would make will determine if you can afford to sue for malpractice. It becomes a business deal.
Answered on Sep 05th, 2012 at 4:15 PM
You should at least consult with a plaintiff's lawyer who handles medical malpractice cases.
Answered on Sep 05th, 2012 at 4:13 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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First, remember that the statute of limitations is only 2 years so if this happened more than 2 years ago, there is nothing you can do about it. Otherwise, if you're going to sue a health care provider (and a dentist meets that criteria) then you need to see a personal injury lawyer quickly, as when you sue a health care provider there are many hoops you have to jump through.
Answered on Sep 05th, 2012 at 4:05 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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If the dentist pulled the wrong tooth that is obvious case of malpractice. Don't know about all the other comments you made not clear what you are trying to show
Answered on Sep 05th, 2012 at 4:01 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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More information is needed, but on the surface, if the dentist pulled the wrong tooth, that would certainly be below the standard of care. You may have a statute of limitations issue. If this happened while you were a minor, you must bring your action before your 19th birthday.
Answered on Sep 05th, 2012 at 3:56 PM