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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116716
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My 2 year daughter was seen. They filled all the ones in the

Customer Question

My 2 year daughter was seen for cavities. They filled all the ones in the back but despite charging Medicaid for the front teeth they were never done. The same day the teeth were done I talked to the dentist she said she didn't touch the front she would do it at a later time. My daughter ended up having a abscess from trauma to her mouth the ligament holding the tooth bone had broke and was allowing bacteria to go up. So during this whole process I went back to same dentist because I didn't know if the dental work was bothering her because she was just screaming. They told me they wouldn't be able to see anything for another week. I went back again because my daughter was screaming constantly and she couldn't describe where her pain was they said they would have to sedate her to take X-rays and since I didn't really know what was hurting her I told them never mind I didn't want to wait they said it would be another 2 hours before she would be seen. After her tooth got pulled at the hospital because her whole left side of face started swelling they pulled the tooth. So I went two weeks after her tooth was pulled to her fathers dentist for a checkup to make sure infection was going they did an X-ray on remaining teeth and said she still needed her front cavities filled. I had brought the papers from the other company saying what work was done and they said these front teeth couldn't possibly be done that I would need to go back to other place to have them done. So just a week ago she developed a bump on the top of her gum I thought she might have hit her gum on a toy while she was playing but her tooth was abscessed and when they pulled this second tooth it was black inside. I called back the original dental company and talk to the dentist's assistant and asked if they could fill the front two cavities I told her I had talk to the dentist I was supposed to come back for the work but I never did. The dental assistant told me that it wasn't in the paperwork that they did do her front four teeth why didn't I call back when I noticed it I told her I did and that a total of three dentist looked at her teeth and said the front cavities were not done. The dental assistant then told me that nobody wanted to work on my child and that I needed to take better care of my child that it was my problem that she had these injuries and that if another dentist said this dentist didn't work on my daughter then the dentist wouldn't be comfortable working on my daughter again. I told her look I just want the cavities filled can the dentist see her tomorrow because I figure once the dentist looks at her mouth she would be able to see those cavities weren't filled and do them. So I'm scheduled to see her at 1230 but I need to know what actions are possible to me
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year 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.

What you have here is a potential dental malpractice case against the first dentist and you need to consider suing the first dentist for the malpractice (costs of getting treated plus pain and suffering). You need to take her to a NEW dentist. The reason this dentist is saying they would not be comfortable if another dentist worked on her is because she knows she will be liable for malpractice when the other dentist looks at the work and sees what she did not do that she should have done. Go to another dentist, you will need that other dentist if you want to sue for malpractice because they will have to testify in the case about what the first dentist did wrong, that is the MI law.

Also, you need to go to another dentist because this dentist is now going to be more concerned about protecting herself from liability than she is about helping your child.

I would strongly urge you go to another dentist, get him to treat your child and also to write a report about what the first dentist did wrong and failed to do. Then get to a local medical malpractice lawyer and sue the first dentist.