Legal Question in Medical Malpractice in New York

I'd like to know if this I have grounds to sue my dentisit for malpractice. I am a 34 year old adult male who has never had a cavity. I needed to go to the dentist for a check-up, new to the area I asked a friend for a referral. The dentist took x-rays and checked my mouth for cavities. When I told him I've never had one he became determined to "make" one. He used one of his tools and pushed down so hard I had to fight to keep my jaw up. He eventually got what he wanted whenhe poked a whole into my tooth. He gave me a cavity. I never went back to see him. A few years later I started to have pain in this tooth. I went to see a different dentist and explained to him what had happened. He tolsd me that the tooth was so damaged by what the dentist had done that he couldn't save it and it needed to be extracted. I had it removed, and I am seething over this entire situation. This so called dentist created a problem where there was none and caused me undue pain and expense. What can I do about this?

Asked on 11/14/10, 5:07 pm

1 Answer from Attorneys

Thomas Reilly Albert W. Chianese & Associates

In New york you only have two and a half years from the date of the treatment complained of to sue a dentist for malpractice. It sounds like you may have seen this dentist over two and a half years ago. It will also be difficult to prove malpractice as you waited a few years to see another dentist.

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Answered on 3/29/11, 12:14 pm

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