Legal Question in Medical Malpractice in Wisconsin

Dental Malpractice?

They were sapose to fix the cracked tooth that I had, and extract one. The extraction went fine but when they went to fix the cracked one they broke it off. I now have a half tooth, swelling on my right side of the face and, lots of pain. They gave me medication for the extracted tooth for the pain and infection control. The pain medication didn't work so I had to go to the doctor on Friday and they gave me medication for the pain and swelling. The swelling has spread a bit and the pain is not so bad but, they are making me wait tell May to get it fixed or taken out. Can I sue them for this?


Asked on 2/21/09, 5:52 pm

1 Answer from Attorneys

Michael End End, Hierseman & Crain, LLC

Re: Dental Malpractice?

You can only win a case against the dentist if you are able to prove the dentist was negligent in the care the dentist provided to you. In order to prove negligence, you would have to be able to have another dentist give testimony that your dentist failed to do things in a reasonable fashion. I cannot tell you whether, or not, the dentist was negligent in your case. A health care provider is not a guarantor of a good result. It is possible that the dentist was doing everything the way it should have been done and still ended up with the unfortunate result. In short, if you want to know if you have a possible claim, you will have to try to find a lawyer willing to look into your case for you. Because your potential recovery is somewhat limited and because professional malpractice cases are usually defended vigorously by the insurance companies for the dentists, it may be difficult for you to find a lawyer willing to become involved with your potential claim. The statute of limitations for dental malpractice cases is three years from the date of injury, so you would have to file a case within three years or you will lose your right to do so.

Read more
Answered on 2/22/09, 3:48 pm


Related Questions & Answers

More Medical Malpractice Law questions and answers in Wisconsin