Legal Question in Medical Malpractice in New York

I was recently diagnosed with TMJ, and I believe it may have been caused by a wisdom tooth removal surgery. If true, can I sue and how would i prove this happened cause of the surgery.

Asked on 2/20/12, 2:10 pm

1 Answer from Attorneys

Jim Avery Avery Law Firm (NY-CO-IN)

There are multiple requirements to filing a malpractice lawsuit. First, the case must be timely. Second, you must be able to prove the elements of your claim, namely, negligence, causation and damages. The elements generally must proven via expert testimony, by a practitioner in the same field of practice. In this case, an Oral Surgeon probably removed your wisdom teeth and an Oral Surgeon will likely be necessary to testify that the first surgeon was negligent and this caused your TMJ injury.

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Answered on 2/20/12, 2:52 pm

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