Can I Sue My Dentist for Malpractice?

This topic contains 4 replies, has 1 voice, and was last updated by  Admin 2 years, 9 months ago.

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  • #949

    Admin
    Keymaster

    I am posting this here for Greg.

    I went to my dentist in November of 2011 to have a tooth pulled, lower right molar. Dentist broke off the tooth below the gum. But never told me. I went back and complained that my wife saw what looked like a piece of tooth sticking out of my gum. Went back to dentist, he says he didn’t see anything wrong and said it was a dry socket. I knew he was full of it because I have had a dry socket, very, very painful. Pain continued and I called him back. He made the remark that next time my wife saw the piece of tooth for HER to pull it. Not cool in my book. Finally, I demanded a x-ray to see what was causing the pain. Sure enough there was a 3/4 inch piece of root stuck in my jaw. Take in mind I have been going to this dentist for 37 years. He tried to dig out the piece of root but ended up sending me to an oral surgeon to remove the rest of the root and told me I had free dental care for life because of his mistake.

    Then I go to the surgeon to get the piece cut out and he proceeded to do a bone graph because my dentist said he would pay for an implant. Now my body is rejecting whatever he put in there. I have been in constant pain for over 3 years. I am going back next week and let him know that I will see him in court for all the pain and suffering and the b.s. about have your wife pull it really pisses me off. I don’t know if I have a leg to stand on with a malpractice suit but with him telling me I have free dental care for life is admitting he dropped the ball.

    On top of that, he broke down and started crying after telling his assistant to leave the room. He then went on to tell me his son was strung out on heroin and he had a mild stroke that affected his vision. I am scared to let this man touch me now and I think he should pay for the pain he has put me through. Anybody had any similar situations with your body rejecting the bone graph. The pain is steady getting worse and all I know to do is sue him for his actions.

    #953

    Admin
    Keymaster

    Hi Greg,

    I am very sorry to hear about your situation and for your dentist’s lack of attention/treatment when you notified him of the tooth that was still in your gum tissue. His complete dismissal of your request and telling you to have your wife to pull the tooth are both ridiculous actions on his part and the offer of free care for life is definitely him admitting his mistake. I have a few questions to clarify some details:

    When did you finally demand the x-ray?
    Why did it take 3 years to get proper treatment?
    Did you consent to having a bone graft and implant done to replace the removed piece of tooth?
    You say the pain is getting worse. Has the implant/bone graft been removed?

    I have to say that I’m not a big fan of suing people, but I think you have an understandable reason to do so in this case. I would normally suggest that you accept the offer for free care, but it sounds like your dentist may no longer be capable of providing quality care. I suggest that you consult a legal professional who is familiar with dental cases to see if they think you have a case.

    The legal consultation might not be free, but 3 years of pain and difficulties is a long time so it might be worth doing everything you can to get some reimbursement/compensation. That said, I don’t think you’ll be able to do anything about the failed bone graft/implant (unless you can prove that the surgeon is guilty of malpractice) as those procedures sometimes fail unexpectedly – even if the conditions are ideal.

    All in all, it’s definitely time to find a new dentist!

    #965

    Admin
    Keymaster

    Reply from Greg:

    Alex, Thanks for the response. I went back several times before demanding an x-ray, reason is is that my dentist kept insisting it was a dry socket and he kept packing it with clove, nasty stuff!. It took so long because he kept demanding that it was the worst dry socket that he has ever seen. I was getting irritated with the continued pain in my jaw.

    I did consent to the graph and implant because I thought he was trying to make things better. And I liked the idea of having a new tooth at his expense. He also promised a bridge for the teeth I am missing on the top. I went back yesterday and he x-rayed my jaw and say’s he did not see anything but has referred me to an oral surgeon for more pain and suffering to have the graph removed, all at his cost.

    I am not sue happy and I truly like my dentist but I think I should be compensated for all the discomfort I have been it at his hands. I am going on 2/2 to the oral surgeon but I think it wouldn’t hurt to talk to an attorney about my situation. He admitted his mistake and said he would make it right, when? Thanks for listening and do you think I have a leg to stand on with the pain and suffering he has caused me?

    • This reply was modified 2 years, 9 months ago by  Admin.
    #996

    Admin
    Keymaster

    No problem! I’m far from a legal expert, but it sounds to me like your dentist has made several mistakes: leaving the root in your gum (malpractice/negligence), ignoring your complaints (leaving YOU to demand/order the x-ray yourself) and all the pain you’ve experienced in general. This combination sounds like you definitely have a leg to stand on, which is why, if I were in your position, I’d talk to a lawyer. Search “dental malpractice lawyer” in Google to find some possible options.

    Your dentist should have malpractice insurance, so you shouldn’t feel bad about suing him as it wont come out of his pockets.

    Good luck, and let me know how it goes!

    #997

    Admin
    Keymaster

    Reply from Greg:

    Thanks for the advise. I think I will go at least talk to an attorney about this situation. It’s been going on way too long and now I have to go through more pain at the oral surgeon to have the graph removed. I bled for 3 days when he did the graph, someone else will remove it. I will keep in touch with you on this one. Thanks again, Greg

    • This reply was modified 2 years, 9 months ago by  Admin.
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