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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3776
Experience:  Experienced in both state and federal court.
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July 2012 my son had his wisdom teeth extracted. he returned

Resolved Question:

July 2012 my son had his wisdom teeth extracted. he returned within two weeks with pain in one location and dr did not pack hole. he returned a week later with pain and again sent home. in the next week, the dr scraped infection out and a week later he put a tube hanging out of his cheek for drainage. his infection kept getting worse and he ended up in the hospital for 5 days and needed to have an infection disease dr. help him. he had intervenious antibiotics for all five days and also needed two types of antibiotics for awhile after he was sent home. we just received the bill from the hospital today june 3, 2013. I thought the dr. accepted responsibility for remainder of bill for his not packing the hole and avoiding infection. My question: Shouldn't the dr. have some responsibility for his negligence?
Submitted: 1 year ago.
Category: Legal
Expert:  Chris T., JD replied 1 year ago.

TexLawyer :

Good evening. I'll be assisting you with your question.

TexLawyer :

Potentially, yes, the dentist may very well have some liability.

TexLawyer :

To prove a negligence case, the plaintiff (you) have to prove basically 4 things: 1) the dentist owed you a duty of care; 2) he breached that duty; 3) that breach caused the plaintiff damages; and 4) the value of those damages.

TexLawyer :

In this case, clearly the dentist owes a duty of care to his patients. Specifically, the dentist must act how a prudent dentist would under similar circumstances. If he did not, then he's breached that duty.

TexLawyer :

Assuming there was a breach, I think his breach very clearly caused your son's damages.

TexLawyer :

So, like most medical malpractice cases, the case comes down to whether the dentist acted negligently.

Customer:

when my son returned the first two times explaining about the pain the dr said that nothing was wrong and that the hole was normal. everyone I have spoken with says that the dentist should have packed the hole when he first complained.

TexLawyer :

Since I'm not a dentist, I cannot give you a definitive answer on that, but I can say that based on what you've said so far, you have the start of a good case. If you decide to pursue this further, you should consult with a medical malpractice lawyer, who will have your son's records reviewed by a dentist. If that dentist determines that your son's dentist was negligent and fell below the minimum standard of care, then the attorney will most likely file suit.

TexLawyer :

You may well be correct about that. I certainly think that there is a case here.

TexLawyer :

Also, remember, along with the medical costs you incurred because of the infection, your son is entitled to compensation for pain and suffering that resulted from the infection.

Customer:

thank you. I would like to print this conversation to show my husband. is it possible?

TexLawyer :

Yes, but it is always available through your profile, as well.

TexLawyer :

Also, if you need help finding a good lawyer, you can use www.martindale.com or www.lawyers.com. Both are reputable attorney referral websites.

Customer:

thank you. do you think that I should just take the bill from the hospital to the dr. and ask him to pay or talk to a local lawyer first? I don't know if the amount of the bill will be less than the cost of seeing a lawyer.

TexLawyer :

I'd suggest you talk to a lawyer first. Most medical malpractice lawyers will take it on a contingency fee basis, so it won't cost you anything to see one. Also, just having the dentist pay the bill would leave out the pain and suffering damages, which would likely be in the thousands of dollars.

Customer:

really?

TexLawyer :

It all depends on the nature and amount of his pain, but it s certainly possible. Obviously, I can't give you an exact figure given the limited information.

TexLawyer :

I just wanted to make sure you were aware of all the possibilities.

Customer:

the links that you supplied will be able to handle our situation?

TexLawyer :

I'm sure you can find a lawyer that will be able to assist you. You can search for lawyers by practice area and location. Both websites also rate lawyers.

Customer:

I feel better after talking with you. thank you. I will look into it. thank you for your time.

TexLawyer :

My pleasure.

TexLawyer :

If there isn't anything else I can do for you, please remember to "rate" my answer. Good luck to you and your son.

TexLawyer :

I hope he feels better.

Customer:

thank you. have a good night.

Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3776
Experience: Experienced in both state and federal court.
Chris T., JD and 5 other Legal Specialists are ready to help you
Expert:  Chris T., JD replied 1 year ago.
Hi, Vicki. I just wanted to follow up with you and see if you decided to meet with a lawyer and how things went. If you have any questions, don't hesitate to ask.

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