Legal Question in Medical Malpractice in Illinois

dental malpractice

I recently changed dentists. When I went to the new one I found out I have advanced periodontal disease. I now have to have 5 separate surgical procedures. $$$$$ If I file suit, does it have to be done 2 years from my last periodontal exam or 2 years from the last time I saw the old dentist?


Asked on 2/11/07, 9:05 pm

2 Answers from Attorneys

Nima Taradji Taradji Law Offices

Re: dental malpractice

You have not shown that there has been any negligence on the part of anyone.

IF--and that is a big IF--you can get an expert to sign an affidavit to tell you that your doctor failed to follow the standard of care, then you have 2 years from the date of injury or two years after discovery but in any case no more than 4 years after the date of injury to file a lawsuit.

Before you start spending money (and medical malpractice is expensive) you better get your entire medical record (and I mean your entire chart--everything) reviewed by a dentist who will then tell you whether there was malpractice.

Good luck,

Taradji Law Offices

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Answered on 2/11/07, 10:38 pm
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: dental malpractice

If your new dentist or an independent expert will sign an affidavit to tell you that your doctor failed to follow the standard of care and that his or her failure casued your condition, then you have 2 years from the date of injury or two years after you knew or should have known of the malpractice, but in any case no more than 4 years after the date of injury to file a lawsuit.

You should get your entire dental and medical record as sometimes medical illnesses can effect your teeth and vice versa and have it reviewed to determine whether you have a cause of action. Be aware that most malpractice cases cost as much as $50,000 to establish and those are costs that are your responsibility. the costs of a law suit are not recoverable in a malpractice case.

I am sure that what I have said is not what you wanted to hear, but you should go into this with your eyes open. Good Luck

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Answered on 2/12/07, 10:53 am


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