Legal Question in Medical Malpractice in Texas


I had a a situation this year with a dentist. I was diagnosed with bruxism (teeth grinding) and was told that a night guard would alleviate this problem. I was not informed of any possible negative consequenes and went ahead with the fitting. After wearing the night guard I noticed that my bite was changing immediately after wearing it. I also noticed that I had pain in my jaw. I made an appointment and inquired and the dentist told me I just needed to get used to it. It didn't get better after a week and my bite significantly changed. I went back and and the dentist referred me to another in-office dentist who did some shaving on the guard and ultimately re-fitted. This dentist also gave me some exercises to do to try and get my bite back to normal. However, my bite did not go back to normal and the pain did not cease. They finally referred me to orthodontist, who in turn referred me a maxillofacial surgeon (which was of course not covered my insurance). Ultimately, there has been no solution and I find it unjust to have to pay for further procedures to correct a problem that was the result of a procedure I paid for in the first place.

I just want my bite back to normal and the pain to go away. Is this worthy of taking to court to try and get further treatment paid for by the office that made the night guard? I had orthodontic work that was completed in 2001 which would provide x-ray proof that my bite was indeed changed.

Asked on 11/18/09, 4:24 am

1 Answer from Attorneys

Jason Kipness Kipness Law Firm

To determine if there is malpractice, all dental records will need to be reviewed by another qualified dentist.

For free information on dental malpractice claims in Texas, visit or send confidential e-mail to our website.

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Answered on 11/23/09, 5:07 pm

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