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I need some advice concerning dental malpractrice. North…

Customer Question
I need some advice...

I need some advice concerning dental malpractrice

Lawyer's Assistant: Can you tell me what state this is in? And do you have copies of the medical records?

North carolina and there some medical records

Lawyer's Assistant: Has anything been filed or reported?

Well my 50 year old son ended up in the hospital with an infection

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My son went back to the dentist who pulled his wisdom teeth two times and they said there was no porblem

Submitted: 3 months ago.Category: Legal
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Answered in 3 minutes by:
3/12/2018
Lawyer: legalgems, Lawyer replied 3 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,315
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 3 months ago

Hello; I am sorry to hear your son is having problems with the extraction.

Dental malpractice is based on the common law theory of negligence. What this means is that the defendant owes a duty of care to the plaintiff and that defendant did not exercise the requisite duty of care, and that such negligence resulted in reasonably foreseeable and proximately caused damages to the plaintiff.

So if the infection was due to the defendant's negligence (as opposed to a possible known and disclosed side effect of the extraction) then the plaintiff may sue. Damages may include:

actual medical costs incurred

pain and suffering

punitive damages designed to punish defendant and deter third parties from similar misconduct.

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Lawyer: legalgems, Lawyer replied 3 months ago

Hello; just checking in on the above.
If you have further questions please post here and I will do my best to get you the requested information.
Otherwise
kindly rate positively (hopefully you feel I have earned 5 stars) to help maintain my high customer satisfaction score and so I know you were satisfied with my services.

The above information is for educational purposes only. An attorney in one's jurisdiction can be located at https://www.americanbar.org/groups/legal_services/flh-home.html
Thank you.

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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).

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