QUESTION
Is pulling the wrong tooth considered medical malpractice?
Asked on Jan 03rd, 2014 on Personal Injury - Florida
More details to this question:
I went to the dentist because of trauma. The first dentist I went to, prescribed antibiotic and pain med's. He referred me to the E.R because he was not equipped. The E.R referred me to the doctor in question. After being x-ray, the dentist performed the procedure. I was unable to tell which tooth was extracted, due to numbness, so I asked the assistant. He asked me how many teeth were to be pulled. I told him one and showed him. The correct tooth had not been touched. The doctor came in and asked me which tooth. I showed her and she asked what about the wrong tooth that she pulled. That tooth was to be straightened, not taken out. There was nothing I could say. I'm distraught because my front tooth is gone.
7 ANSWERS
Criminal Law Attorney serving Columbia, SC
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O'Leary Associates, P.A.
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You should seek a free consultation with an attorney. The issue is the extent of damage.
Answered on Jan 09th, 2014 at 12:19 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Sounds like you may have a clear DENTAL malpractice case. get you a dentist you can trust and make sure he agrees
Answered on Jan 07th, 2014 at 4:42 PM
Ronald A. Steinberg
You need to consult with a dentist, and provide a complete history. If the second opinion dentist thinks that the first one did something that should not have been done, or failed to do something that should have been done, and will testify, then you have a case.
Answered on Jan 07th, 2014 at 12:26 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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I think it does, but that's me: a dentist should make sure of the correct tooth before performing the extraction. However, it may be cost-prohibitive to bring a lawsuit. Contact a malpractice lawyer in your area.
Answered on Jan 07th, 2014 at 12:25 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Before you can begin a claim against a health care provider (and a dentist is considered a health care provider) you must first obtain an opinion by way of affidavit from another health care provider (another dentist) that the dentist you are seeking to file a claim against deviated from the standard of care. Until you have such an affidavit, you cannot bring a claim. With that being said, there are so many hoops the law requires you to jump through whenever you bring a claim against a health care provider you would benefit, in my opinion, from turning the matter over to a lawyer who has experience handling medical/dental malpractice claims. Remember the statute of limitations in bringing claims against health care providers is two years from the date of your discovery of the malpractice.
Answered on Jan 07th, 2014 at 12:25 PM
James Eugene Hasser
It takes the opinion of the medical expert to answer your question. Medical malpractice lawyers typically have such experts available. Consider consulting one that does dental malpractice. Good luck.
Answered on Jan 07th, 2014 at 12:25 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Yes. Find yourself a dental malpractice lawyer.
Answered on Jan 07th, 2014 at 12:25 PM