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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 114064
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I had some teeth extracted from dental work. ii was to have

Customer Question

I had some teeth extracted from dental work. ii was to have all teeth removed in several different visits. I as given a price on extractions and dentures. when for first extractions of eight teeth at one time they never told me it was not going to be done orally. I just new I would be put to sleep for this many teeth at once. well I was not and suffered in the dentist chair for three hours. they only removed four teeth . two on top right and two on bottom right. I talked to them as they began to get me started for extractions and stated to them that I had had oral surgery twice before and one went well while the second was very painful and I was not completely put under. I was told the doctor would give me more medicine if I was hurting. I was never told it was going to not be oral surgery. the procedure was a horrifying experience and I can not get over what I experienced. I suffer with head aches and sick on my stomach along with vertigo and mental disturbance daily over this experience. it has been over month since this occurred. I have not been able to return to dentist to finish dental work. the dentist called me and she said she was sorry they did not tell me it was not going to be oral surgery. they would refer me to oral surgery. I feel like I was violated and not given proper care thru this proceadure. please help me I am so sick ans can not get over how I was treated
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: north carolina
JA: Has anything been filed or reported?
Customer: I have been to my general practice doctor and discussed what happened because for a week I was so sick I was not able to return to work or get out bed.
JA: Anything else you want the lawyer to know before I connect you?
Customer: i feel it was so wronged they never gave the opportunity to go to a oral surgery when they gave me the impression they could handle everything right there in their office.
Submitted: 2 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am sorry to hear this happened. While the dentist should have told you that you would not be put under general anesthesia for the procedure, in order to have a suit against the dentist for malpractice, which is what you are claiming, you would need another dentist to review the procedure and be willing to testify in court that this dentist acted below the reasonable standard of care in performing the extractions. N.C. Gen. Stat. § 1A-1, Rules of Civ. Pro., Rule 9(j)
In addition to having an expert testify the dentist acted below the reasonable standard of care, you would need to prove injury from the extractions themselves (your emotional disturbance, headaches and upset stomach, will only be damages if you can prove injury from the extraction itself). So you need to get to another dental expert to examine you and determine if the extractions were done properly and whether or not the dentist acted within the reasonable standard of care to know whether or not you could sue the dentist for malpractice under NC laws.
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