Dental Malpractice Lawyers | Dental Malpractice Case?

Dental Malpractice Case?

Hi, I had a root canal performed on a molar in the middle of August by a general dentist. Two files broke off in my mouth, resulting in serious pain. I went to an Endodontist and he was only able to get one file out (after three hours of trying). For the past month, I am having more pain with the other file still stuck in the root of the tooth. I went to an oral surgeon and he said that I will most likely have to have my tooth pulled if a “root amputation” does not work. Do I have a case? I didn’t sign a wavier before the root canal was performed, nor did my dentist inform me of any of the risks associated with the procedure. How much is a molar worth to you?

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5 Responses to “Dental Malpractice Case?”

  1. Voltron on February 15th, 2010 11:32 pm

    If you are looking to sue, no one can stop you, that is any one can sue any one for any reason.
    By waiver are you refering to a try by jury, and agreement to arbitrate. If you did not sign that, all it means is that you can sue without arbitration.
    their is another form that you should have signed (most dentist will never work on anyone who refuses and that includes me) is a consent form. the consent form list as many risk as possible. If you signed a consent for then you are aware of the risk involved. If you did not read it and signed it you will by default not have a good case, bc its your job to read the consent form. Keep in mind that sepration of instrument during root canal happens, and your case is not an isolated one.
    If you did not sign a consent form then you may have a case, but whether you will receive any money for pain and suffering will be dictacted by the States laws. In AZ they wil not award restitution in cases of malpractice only a refund of what you paid. For pain and suffering you will need to file a civil suit. Civil suits are long and very expensive. Your attorney may ask you for a retainer which averages around $5000, just to start the case. Then to prove your case you may need to have expert witnesses testify on your behave that the doc did someting wrong which will cost you even more. so dont be suprised if you coughed up $25,000 before it even goes to trial.
    The opposition will also investiagte your background, once you file they have the right to check your previous medical and dental history, insurance history etc. If they find that you have been negligant about your own mouth or have had previous work recommended and never got it worked on until it was too late, that will come out bc you made the prognosis for success that much worse. And the argument that get most people is that the doc did not create you condition your neglect did. The biggest hurdle for the doc based on what you wrote is the consent form. If you did not sign one (consent form and waiver are two different things) then doc will probably get nailed for something and reprimanded by the state board. (this still does not mean your going to get any money)
    Like I said earlier you can sue anyone you want but be sure what to expect.

  2. slimthug on February 16th, 2010 2:55 am

    well you do need molars to chew and if they said nothing about risks yes you have a case

  3. evony lourdez on October 7th, 2010 10:42 am

    OF COURSE U GOT A CASE !!!!!!!!!!!THIS HAS TO STOP SO BASICALLY WE THE “VICTIMS” HAVE TO SUFFER WHILE THE BIG TYME DENTIST LIVES THERE COMFORTABLE HELL NO!!!!!!!!!!!THEY NEED TO PAY FOR WHAT THEY DONE REGARDLESS THEY KNOW THE RISKS TO DONT YOU THINK UGH………..IVE ENDURED SO MUCH PAIN WITH MY INJURY I WENT TO THE DENTIST FOR FOR A SIMPLE EXTRACTION AND ALL OF A SUDDEN I WAS BEING RUSHED OUT AND REFFERED TO AN ORAL SURGEON (WHO ABSOLUTELY DID NOT A DAMN THING)WHAT DO THESE PEOPLE GET PAID FOR REALLY? I DIDN’T EVEN KNOW WAT THE HELL WAS GOING ON UNTIL I GOT TO THE ORAL SURGEON WHO TOOK XRAYS AFTER XRAYS I FINALLY ASKED WHAT WAS GOING ON AND COME TO FIND OUTAN INSTRUMENT HAD BROKEN OFF AND WAS LODGED IN MY MAXILLARY SINUS NOW SINCE THEN I BEEN REFFERED TO EVERY SPECILIST BY MY SO CALLED (ATTY) WHO DOES’NT CALL ME BACK OR CALL ME WITH UPDATES WHAT SO EVER>>>>DOES ANYONE KNOW OR HOW DO I HANDLE THIS I FEEL LIKE IM GETTING THE RUN AROUND CAN I FIRE HIM AND HIRE SOMEONE ELSE? PLEASE NEED HELP

  4. Belle on February 2nd, 2011 2:00 am

    okay, so i’m only 16, and my dentist told me i needed a root canal done. about 3 years ago, that same dentist did a poor job on getting my molar filled, and thats what caused this root canal to be needed. anyways, i got my root canal in october 2010. that day, the dentist told me the metal file tip had broken off. he then said he would try to “by pass” the needle two weeks later and finish up my root canal. well, after going 2 weeks later, he still couldnt get it out. he would just put some liquid that was suppoesed to soften up the needle. he kept doing this every 3 weeks until finally he have up in dcecember. then he decided to refer me out to a specialist. well now, the specialist cant remove the file either. the specialist is trying to “soften up the needle” as well as my original dentist. this has caused me pain and at one point, i couldnt even eat anything but mashed potatoes & applesause for 2 weeks. i’ve had this thing in my tooth for about 4 months now. and all the medication i have to take now is ridiculous. is this co.sidered a case?

  5. Christina Contizano on April 3rd, 2011 11:33 pm

    I had an old filling refilled because someone other than my regular dentist said so. I took my daughter in to a new dentist and he wanted to look at my teeth, so I let him. He redrilled the old filling, it will be 6 weeks tomorrow, I have excruciating headaches, cannot chew on the left side of my mouth, hurts to chew period even on right side. He said I complained of pain in that tooth, and I did not. He said it needed to be done. I went back in about 3 weeks later, he yelled at me said there was nothing wrong with my tooth. Than how come I scream in pain, especially when I tried smushing blackberries in yogurt because yogurt is all I can eat, and a seed hit it and got caught in the tooth he refilled, and it felt like I knife going through my upper left jaw! His name is Dr. Cain out of Beloit, and I heard he has done this to people who have Wisconsin Badger Care, yet I pay for my insurance. My whole left side of my jaw hurts, all liquids are senitive to my teeth, even lukewarm or room temperature. I am scared I have an infection. never ahve had an experience like this ever and I just turned 40!

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