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Could I sue my dentist How plausible would such a lawsuit

 
INFOLAWYER's Avatar
  • Answered by:INFOLAWYER
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Customer Question

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?

 

Optional Information:
State/Country relating to question: New York

Already Tried:
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.

Submitted: 651 days and 10 hours ago.
Category: Personal Injury Law
Value: $25
Status: CLOSED

Accepted Answer

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Expert:  INFOLAWYER replied 651 days and 10 hours ago.


INFOLAWYER :

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.

INFOLAWYER :

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

INFOLAWYER :

hello there and welcome to chat

INFOLAWYER :

If you have any follow up, let me know

Customer :

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.

INFOLAWYER :

You would need a malpractice lawyer locally. I recommend martindale.com and findlaw.com as directories

INFOLAWYER :

the lawyer with that specialty should work on contingency fee basis

INFOLAWYER :

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

INFOLAWYER :

I hope that is fast and clear.

INFOLAWYER :

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

Customer :

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?

INFOLAWYER :

Definitely.

Expert TypeAttorney
Category: Personal Injury Law
Pos. Feedback: 97.3 %
Accepts: 705
Answered: 8/3/2011

Experience: Licensed attorney helping individuals and businesses

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