Legal Question in Medical Malpractice in Virginia

Dental Malpractice

I went to a dentist for a cleaning. The dentist mentioned I had a cavity that needed a filling. So, I opted to go ahead with the routine procedure. I could not feel if there was any pain in the tooth afterwards until I got home and the injection wore off. It turned out that I had high sensitivity to pressure on that molar after the procedure.

I then went back a week later to see if she could fix it. The first time back she just put some protective seal over it. Went home, and it still hurt after I tried chewing on something. So I went back again a few weeks later, and she re-dug into the filling and attempted to re-fill it. I go home once again, later to find out it was still sensitive. I call her about it, and she says I may need a root canal.

How can I know that she wasn't just trying to create a scenario where I would end up needing a root canal, when I originally had no pain in that molar in the first place. Am I wrong to assume she is just trying to get as much work out of me because she knows I have insurance and good credit?

Can I accuse her of damaging my tooth and requiring root canal?

Can I subpoena my dental x-rays and records to see how bad the original cavity was, and get expert opinion to see if I needed filling?

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