QUESTION
Is it negligence in the dentist's part for not repairing tooth cavity before it got worse
Asked on Feb 18th, 2013 on Personal Injury - New York
More details to this question:
I went to a dentist to get yearly checkup with x-rays. He found out that I had 3 small cavities. Within that year, I went back for 2 cleanings and check ups but they did not schedule me for cavity repairs. Now over a year later, one of the cavities has gone from regular cavity to a root canal treatment. Is the dentist negligent in not repairing the cavities in an appropriate amount of time resulting in root canal treatment?
12 ANSWERS
Ronald A. Steinberg
Possibly. Talk to a new dentist, and a lawyer.
Answered on Feb 25th, 2013 at 6:58 PM
Based on the facts you have stated, you may have a claim for dental malpractice. It would be interesting to see the dentist?s defense as to why no repairs were scheduled. A personal injury attorney can help you.
Answered on Feb 21st, 2013 at 7:07 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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This is a dental question, not a legal one.
Answered on Feb 21st, 2013 at 12:05 AM
James Eugene Hasser
That's a question best asked of another dentist. To be guilty of malpractice, another dentist will have to be willing to testify under oath that your dentist failed to follow community standards and protocol and you were injured because of it. Best of luck.
Answered on Feb 20th, 2013 at 11:25 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Whatever happened to the idea that you are supposed to look out for yourself? You knew of the cavities. You did not ask him to repair? Now you want to say it is his responsibility to ask you if he can repair? What is going on here not enough information. I think dentists do what they are asked to do?
Answered on Feb 20th, 2013 at 11:06 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Maybe, I would need details and another dentist to testify he violated the normal standard of care and that was the cause of your additional issues.
Answered on Feb 20th, 2013 at 11:04 PM
Kevin J. Connolly
If you knew you had cavities, why did you not have them filled?
Answered on Feb 20th, 2013 at 11:03 PM
Christian Joseph Menard
You nerd to obtain all your dental records from your treating dentist including all film taken. Have those records reviewed buy an independent dental expert so he can render an opinion as to whether the treating dentist was negligent and whether that negligence caused you damage. If he says yes to both, then you have a case.
Answered on Feb 20th, 2013 at 3:46 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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Without a doubt, your dentist was negligent and is liable to you for the costs of the root canal treatment, and pain and suffering. Since root canal treatment considerably lowers the tooth's viability, and you will eventually have to cap it and, likely, have it extracted and replaced with an implant or prosthetic, the dentist should also be liable to you for the future treatment costs.
Answered on Feb 20th, 2013 at 3:46 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Only if another dentist, and not a lawyer, tells you it is negligence
Answered on Feb 20th, 2013 at 3:46 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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When he found out you had 3 small cavities, did you set an appointment for cavity repairs? If you knew about it, then there is no malpractice on his part. If he did know and didt tell you, that's a failure to inform. But, bringing a lawsuit would be many times more expensive than the root canal treatment.
Answered on Feb 20th, 2013 at 3:45 PM
Monica Cecilia Castillo-Barraza
Maybe, but you will need to be examined by another dentist who will provide an expert opinion as to causation and the extent of the dental injury.
Answered on Feb 20th, 2013 at 3:45 PM