Legal Question in Medical Malpractice in Texas

Cotton Ball Dentist

Back in the 90s not sure what year or month I had a root canal done. The dentist that performed the root canal did not pack the canal with the proper root canal material. Instead this dentist used a cotton ball. After that I started noticing that certain smells would absolutely kill the right side of my nose, to the point where I would have to take my finger and block off my right nostril. I thought it was just sinus problems that I was suffering. Many years later I went to a different dentist when he noticed that the canal had been packed with a cotton ball. This was the result in many many years of pain and discomfort. The dentist was surprised that it hadnt caused more damage than what it already has. The second dentist packed the canal properly and I was relieved of some of the pain. Today I still suffer from the first Dentist negligence. I cant seem to find any dental records from the original dentist. But I am trying to track them down. I need to know if I have a case against the cotton ball dentist.


Asked on 1/12/09, 2:51 pm

1 Answer from Attorneys
Dan Street Street Law Firm

Re: Cotton Ball Dentist

Unfortunately, Texas has a very rigid "statute of limitations" of only two years in malpractice cases. I realize this is terribly unfair, especially in cases like yours, and I agree that it should be longer. But, unfortunately, our legislature, which has been predominantly Republican for decades, passes laws that favor insurance companies, big business, and the medical profession. This is one of them. The only thing you can do is get everyone you know to lobby the legislature for change. I'm very sorry that I can't help you recover damages on this case.

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Answered on 1/13/09, 3:31 pm


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