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I am sorry to hear about this situation. This sounds a bit like medical malpractice.
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.
As stated before, this would fall under medical malpractice. The necessary elements of medical malpractice are (1) a duty of the physician to act according to a certain standard; (2) breach of the applicable standard of care; (3) injury; and (4) causal connection between the breach of care and the harm. See Wheeler v. Aldama-Luebbert, 707 S.W.2d 213, 217 (Tex. App.-Houston [1st Dist.] 1986, no writ).
This applies to dentists as well. So someone in you situation would have to prove that a dentist in a similar situation would not done what they did, and what they did do was in violation of the standards of their profession.
An attorney is recommended. The attorney should normally take this on a contingency basis, meaning they do not get paid unless you do. Usual set up is their take is 33% settlement, 40% win at trial, 45% at appeal; plus some office costs. Everything is negotiable.
Often, the dentist has insurance which settles the case long before it even gets to trial.
Let me know if you need help finding someone in Texas.
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