QUESTION

Is it possible for me to sue my dentist?

Asked on Dec 16th, 2012 on Personal Injury - California
More details to this question:
I had braces done from 2009 to 2010. During the procedure I stressed a few times to the dentist that the tooth he rotated is badly receding. He always found answers to keep me quiet and he finally finished the procedure with a bridge at the place of this receding tooth. He even told me "who is going to look inside your mouth?" Now it has been receding so much, the whole gum around this tooth is even infected, and bothering me all the time. I am concerned that I have to get another bridge done to correct the one done already. What are my options, this dentist has never listened to me, otherwise we would have avoided so much trouble if he just cared. Help please.
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8 ANSWERS

Ronald A. Steinberg
GO TO ANOTHER DENTIST AND HAVE THE PROBLEM FIXED. HAVE THE NEW DENTIST NOTE IN HIS RECORDS THAT THE TOOTH PROBLEM WAS DUE TO THE PRIOR TREATMENT. THEN YOU SHOULD BE ABLE TO DEAL WITH THE FIRST DENTIST. UNLESS THERE ARE OTHER COMPLICATIONS, IT MAY BE TOO SMALL TO HIRE A MALPRACTICE LAWYER TO HANDLE.
Answered on Dec 19th, 2012 at 4:37 AM

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Personal Injury Attorney serving Indianapolis, IN at Bernard Huff
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Youshould consult with a plaintiff's medical malpractice lawyer for specific legal advice on your dental problems.
Answered on Dec 19th, 2012 at 4:36 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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You must get your chart from the dentist and share it with another dentist and see if he thinks it is malpractice. Maybe it is. Maybe not. it is a profession al call not your call.
Answered on Dec 19th, 2012 at 4:35 AM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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You probably need to go to another dentist to see what, if anything can be done to correct the problem. To successfully sue for malpractice, you need three things: 1. Evidence that the dentist deviated from acceptable standards of due care, either by act or omission. This is also referred to as negligence. A bad outcome, in of itself, is not evidence of negligence. You need a dentist to testify that your dentist was negligent. 2. Evidence that the negligence cause some harm. 3. Significant damages. If the negligence caused minor damages, it may not be economically feasible to bring a malpractice case, because the cost in expert witness fees would exceed your damages. Some malpractice attorneys who require at least $500,000 in medical bills or lost wages caused by the negligence before they will consider the case.
Answered on Dec 19th, 2012 at 1:14 AM

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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 Dec 19th, 2012 at 1:12 AM

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If the dentist were negligent, as opposed to just a bad outcome you may have a claim. To support a claim you would need testimony from an other dentist that your treatment fell below the threshold for the standard of care.
Answered on Dec 18th, 2012 at 8:32 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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It impossible to tell from the facts presented whether or not the issue was caused by the dentist or your personal health. Before you can sue the dentist what you have to do is to find a dentist who will examine your situation and be willing to testify that it was through the professional negligence by your prior dentist that the problem arose. Additionally, it is very important that you take action quickly you're going to at all because there is a very short statute of limitations for professional malpractice.
Answered on Dec 18th, 2012 at 7:09 AM

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Business Attorney serving Newport Beach, CA at NextGen Business & Wealth Preservation
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Since that involves getting an expert opinion, you would want to have a 2nd impartial dentist/orthodontist take a look at it.
Answered on Dec 18th, 2012 at 6:33 AM

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