I have a malpractice question. I went to my dentist to get my veneers replaced and updated b/c he recommended it. The dentist couldn't get the old veneer off my tooth without yanking it off being forceful instead of using a drill to do it. I was traumatized my the procedure. Since he has replaced the veneer, I have been having severe nerve pain in my front tooth. I have gone back to him at least 3 times for a bite adjustment with no improvement. He acts irritated every time that I call to come in to get an adjustment. He keeps referring my to just get a root canal. That will cost me $875. Is he responsible for the cost since he hurt my tooth? He even said sorry to me and that it happens when you mess with the tooth too much. Thanks, Jen
1 Answer from Attorneys
You may or may not have a case. The determination as to whether or not there is a claim for medical malpractice is really a medical question rather than a legal question. You have to get all your medical records and charts and have them reviewed by an expert to make the determination as to whether or not your doctor has failed to follow the standard of care in the community in which he or she practices. Once you have the expert opinion taking the position that there was a failure on the part of your doctor to follow the proper standard, then we have to see what are the damages you are claiming.
Because prosecuting a medical malpractice is very expensive, it only makes sense to pursue cases where the injuries are of catastrophic and permanent nature. Smaller injuries can simply not be pursued because the expected award will be far less than the cost of the prosecution.
But all the same, get your medical records and have them reviewed by an attorney to see where you stand in terms of a viable claim.
I hope this helps-