Legal Question in Medical Malpractice in California

Malpractice

My daughter visited our dentist in

May of 2008. They told us everything

was fine. Recently we changed

dentists. They said that she had 7

cavities, 4 Root Canals and 4 crowns.

About $3,000 worth of work and

$1,000 for anesthesia. They ordered

her records from Dentist #1. Upon

looking at the x-rays from May of 08

they saw 6 cavities including one

that was previously filled by dentist

#1 but had fallen out. The open

cavity was now the point of highest

decay. Dentist #1 missed everything.

Is this negligence? Dentist #1 told us

everything looked good. Now my

daughter's got a mouth full of silver

and I'm out 4k.


Asked on 3/25/09, 11:31 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Malpractice

Any medical malpractice type claim must be supported by testimony of a doctor in that field, testifying that is WAS malpractice, and that the malpractice caused damage. Yours doesn't sound like a 'valuable' or high dollar claim, but the leverage of the threat might get Doc1 to pay some of the new bill. Remember, had he looked at the X-rays and done the work then, you would have paid to have it done the same as now, only now maybe slightly more work and cost.

Therefore, if you are serious about pursuing, talk to Doc2 to see if they qualify as a testifying expert, if they say 'malpractice' and 'damage caused'. If so, feel free to contact me to discuss your rights and remedies.

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Answered on 3/25/09, 7:31 pm
Terry A. Nelson Nelson & Lawless

Re: Malpractice

Any medical malpractice type claim must be supported by credible testimony of a doctor in that field, testifying that it was malpractice, and that the malpractice caused provable damage. Yours doesn't sound like a 'valuable' or high dollar claim, unless there is substantial permanent damage, but the leverage of the threat might get Doc1 to pay some of the new bill. Remember, had he looked at the X-rays and done the work then, you would have paid to have it done then, only now maybe slightly more work and cost.

Therefore, if you are serious about pursuing, talk to Doc2 to see if they qualify as a testifying expert, if they say 'malpractice' and 'damage caused'. If so, feel free to contact me to discuss your rights and remedies.

By the way: your $3k bill sounds mighty low. In today's professional dentistry [not hi-volume 'mills'] root canals are $1000+ done by specialists, not general dentists, and crowns are nearly the same. Determine the qualifications of the dentist if you intend to use them as 'expert'.

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Answered on 3/25/09, 7:40 pm


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