More details to this question:
I recently had one root canal and preparation work done for crowns to be placed on four teeth. A few days after the root canal, I returned to my dentists' office in horrible pain. My dentist was not there. He had heartache. The office, however, was kept open. I spoke to his dental assistant about concerns that I had an infection in my teeth because my jaw had swollen, my temporary crowns were moveable and it hurt. She examined me but did not offer me and x-ray or refer me to another dentist. Instead, she told me that I likely had a surface infection and then put me on a different kind of antibiotics. The antibiotics didn't work and after three more days there still there was no working dentist at my regular dental office and no referrals only the secretary and dental assistant. My jaw continued to swell, my ear began to ache and I became nauseous. At this point, I went to see my husbands' dentist for an X-Ray and evaluation. My husband's dentist said the initial root canal had failed because my dentist didn't go deep enough and the infection had spread into the tooth next to it. He referred me to an endodontist and advised me that it was going to be expensive if not impossible to save my two hurting teeth.
12 ANSWERS
One would have to review the medical records to determine whether you have a potential dental malpractice case. Contact a dental malpractice lawyer for further discussion of the matter.
Answered on May 02nd, 2013 at 4:17 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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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 conform 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 May 02nd, 2013 at 4:17 PM
Personal Injury Attorney serving San Diego, CA
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Law Office of Evan M. Himfar
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Your dentist may be negligent for several different reasons. One for failing to perform a "deep enough" root canal, and second for failing to correctly diagnose the mistake when you returned to the dentist on two separate occasions. They may also be negligent for failing to advise you to visit another dentist when yours became unavailable.
Answered on May 02nd, 2013 at 4:16 PM
John Hone
Yes, your dentist's office was negligent. The problem should have been treated, or a referral made to another dentist. However, they will defend blaming you for not going to another dentist earlier. As a practical matter, your damages do not appear to be enough to actually hire experts and prosecute a lawsuit. However, a letter from your attorney may prompt payment of your dental bills associated with the problem.
Answered on May 02nd, 2013 at 4:15 PM
1 Award
That was a tough situation for your dentist. His assistant would have done better by telling you to see another dentist. You might have a case that could be won, depending on whether the dentist was negligent in the way he performed the root canal, and whether his office was negligent in not immediately advising you to see another dentist. I think an important factor will be whether the delay in your getting to another dentist caused additional injury to you. There is a three-year statute of limitations for dental malpractice cases in Wisconsin. If you injuries turn out to be significant, you should consult with a lawyer about your potential claim.
Answered on May 02nd, 2013 at 4:15 PM
Christian Joseph Menard
You need to ask that second dentist if the first dentist's failure to go deep enough with the root canal, thereby causing you the pain and eventual loss (and repair) of those two teeth, was negligence. If he tells you it was, then you have a case.
Answered on May 02nd, 2013 at 4:15 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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From what you have said, it sounds like there was negligence on the part of the dentist. However, in order to prove negligence, you will have to find a dentist who is willing to testify that your dentist breached the standard of care, and that the breach caused the damages that you complain of.
Answered on May 02nd, 2013 at 4:15 PM
Thomas Edward Gates
Yes, it appears that you have a valid suit.
Answered on May 02nd, 2013 at 4:14 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It should like you may have a case, call my office or another attorney.
Answered on May 02nd, 2013 at 4:14 PM
Insurance Attorney serving Seattle, WA
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Lawrence Kahn Law Group
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I believe you have a strong basis for a case under these facts.
Answered on May 02nd, 2013 at 4:14 PM
Ronald A. Steinberg
It depends on how much you contributed to the problem by not immediately seeking a second opinion when your dentist was not available, and with a heart attack, it was going to be a long time before he came back to work, if at all.
Answered on May 02nd, 2013 at 4:12 PM
It definitely sounds like you have a malpractice case against your dentist.
Answered on May 02nd, 2013 at 4:12 PM