QUESTION
Is there anything I can do concerning the original dentist malpractice?
Asked on Feb 06th, 2014 on Personal Injury - California
More details to this question:
About 2 years ago, I went to the dentist and was told I would need a root canal and a crown placed on the tooth. This took several visits. I was told this was done and that my insurance covered part and I owed part which I paid. Now just last week, I woke up with a mouth full of blood and grit. I went to the mirror what I thought was a crown had cracked. The next morning I went to another dentist and he told me that tooth had never been crowned. It only had a large filling in it. He took X-rays and digital pictures of the tooth as part of his exam. I ended up losing the tooth because at this point it could not be saved.
7 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You don't have a legal problem. you have a dental problem. get your entire chart from dentist one and have dentist two review it. may be different from what you say and thin k if dentist thinks there is malpractice you have 3 years in NC from the date of the offense to sue
Answered on Feb 12th, 2014 at 2:49 PM
Edwin K. Niles
Medical and dental malpractice claims are, by their nature, very difficult. Under California law, it is necessary, before filing suit, to obtain an affidavit from another professional, verifying that he has reviewed the medical charts and has found that there was negligence. This can cost several thousand dollars, and most attorneys expect that the client will cover this cost. Negligence could be defined as the failure to use REASONABLE care; not all bad outcomes are the result of negligence. You should also be aware that there is a cap on the amount of recovery for pain and suffering, thanks to the doctor lobby. Sometimes one has a good case theoretically, but the damages are too small to warrant a suit.
Answered on Feb 12th, 2014 at 2:49 PM
Ronald A. Steinberg
If you can get a dentist of comparable credentials to the guy you want to sue, who will testify for you, then go for it.
Answered on Feb 12th, 2014 at 2:30 PM
James Eugene Hasser
First of all, if you are beyond 2 years, in Alabama, you are too late. If not, it takes the opinion of a medical/dental expert to answer your question. Medical malpractice lawyers that do dental malpractice typically have such experts available. Consider consulting one asap. Good luck.
Answered on Feb 12th, 2014 at 2:16 PM
Yes, the one year statute of limitations starts at one year from the incident or whenever a reasonable person would realize their had been likely malpractice. You did not realize it until now. But the damages may not justify the cost of a full suit against him. A lawyer may be willing to send a demand letter but not file suit.
Answered on Feb 12th, 2014 at 1:54 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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I don't call this malpractice, I call this fraud. Find a lawyer in your locality that feels the same way, and go get 'em.
Answered on Feb 12th, 2014 at 1:49 PM
Michael Eric Wasserman
Yes, you can sue the original dentist; it will have to be confirmed in the records and account ledger that you got billed for a crown and you did not get one.
Answered on Feb 12th, 2014 at 1:46 PM