Could I sue my dentist? How plausible would such a lawsuit be?My dentist damaged a perfectly good tooth he was not working on, which worsened my TMJ and bite problems, changed my bite significantly, which has caused me to experience many respiratory and other debilitating symptoms. Another dentist took my money and gave me nothing.I went to dentist to put a crown on molar #18 because it broke. While preparing #18 for crown, dentist suddenly started to file on #15 above, removing the edge of the tooth which significantly changed my bite. From two previous experiences I had with him, I had complained about being unable to breathe after two previous procedures, so he knew I had a condition when something was adjusted or placed wrongly in my mouth, and that he should not have troubled a tooth he was not working on. But I don’t think he believed me when I told him I had symptoms. Ever since that adjustment to #15, I have been having extreme sensitivity to cold, heat and sweets with that tooth, plus the following other severe symptoms – difficulty breathing which cause chest, back, shoulder blades, and diaphragm strain and pains, rubbing of tongue at back of throat and feeling something in my throat, coughing and spitting, ear pressure or popping, running eyes, sinus congestions, and sleep deficiency. When I confronted my dentist about what he did, he denies it and insisted that I should go on anti-depressants, and made other derogatory comments about my situation. Two other independent dentists examined tooth #15 and told me that it clearly appeared to be adjusted. An ENT specialist later confirmed that I have been having symptoms and recommended correction to my bite which has been difficult to do. I went to another dentist afterwards (located in Connecticut) for a second opinion, because his website shows that he deals with my type of problems. I travelled from Brooklyn, NY to Connecticut each time to see him. This new dentist said that the symptoms I was having was due to my front teeth bite (teeth #'s 8 & 9 which are implants and crowns). He decided to remove the temporary crowns I was wearing that were fine, and replace them with his own, which he would keep adjusting until my symptom disappear. Well that did not happen. The temporary abutment that attaches to the implant started to shake, and when I asked him to tighten it, for some reason he could not correct the problem, and removed the abutment but could not reinsert it. As a result he sent me away with a missing front tooth and the other shaking badly. I had to return to my original dentist to replace the abutment and build new front crowns. Since I was still having the symptoms caused by tooth #18, I tried to get back with the dentist in Connecticut to complete the job, but he never responded to me. I paid this dentist over $1,900 for nothing, and since then I cannot my money back, nor my dental record, nor the impression he made of the front crowns he dismantled and which I could take it to another dentist. Overall, I have paid over $30,000 just to fix/redo teeth #'s 8, 9, & 18 which are still not complete because I still have symptoms.Hence my question, can I sue my dentists?
State/Country relating to question: New York
I am now going to another dentist to fix the problems, and they are painfully going through the process to help me. The new cost is $15,000.
The dentist can be held liable if was your treating dentist and by virtue of services rendered or failure to treat a condition, you suffered an injury. The claim would be one of of malpractice. Typically a lawyer would pursue negotiations out of court and the insurer would settle for the dentist obviating need to sue.
If you are satisfied that your question has been answered, please select ACCEPT so that I receive credit for the answer.
If I can clarify anything, of course, ask me
hello there and welcome to chat
If you have any follow up, let me know
My problem is no lawyer wants to represent me on the case with the dentist in NY. It seems lawyers don't like dental cases. Also, I don't know how to pursue a case against the dentist in Connecticut.
You would need a malpractice lawyer locally. I recommend martindale.com and findlaw.com as directories
the lawyer with that specialty should work on contingency fee basis
A less attractive option is to go to the county clerk and have the self represented clerk help you file a complaint but the directories I mentioned should connect you with a lawyer to take on the case
I hope that is fast and clear.
I will accept now to allow your response to get paid. However, I may have a few other questions later on. Would that be OK?
Licensed attorney helping individuals and businesses
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).