Legal Question in Medical Malpractice in Wisconsin

Dentist made a mistake

Dentist filled a tooth and then did a full mouth x-ray after.Two days later was back at his office with an abcess and he stated to me when he looked at the x-rays that he wished he would have done the x-ray first. Now a year later I am an very strong antibiotic, two different kinds at the same time.I had to have oral surgery done and this still hasn't cleared up the problem. The oral surgeon said that this should have been taken care of sooner and not put off so long. Also the other antibiotics I took really never did any good. Still don't know what the future has instore because of this mistake and I am paying the price. The antibiotic are very expensive and I do not have healthe insurance so all this is coming out of our pockets.


Asked on 12/09/05, 2:46 pm

3 Answers from Attorneys

Jonathan Safran Samster, Konkel & Safran, S.C.

Re: Dentist made a mistake

Dental malpractice means that a dentist generally provided treatment that fell below the average dental standard of care. Another dentist will ultimately need to give that opinion. There is usually a three year statute of limitatoins in Wisconsin which means that you must either settle your claim or commence a lawusit within three years from the date of the alleged negligence. The dental records and x-rays will need to be reviewed by another dentist in order to obtain an opinion on the potential negligence/breach of average standard of care standard.

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Answered on 12/10/05, 8:41 am
Michael End End, Hierseman & Crain, LLC

Re: Dentist made a mistake

It is difficult to know whether you have a claim that may be successfully pursued, or not, without having the records and films to have reviewed by a consultant. There are a couple of Milwaukee-area lawyers who handle dental negligence cases. They are Neal Schellinger and Tom Ogorchock. I suggest you call one of them to see if one of them would be willing to look into your potential claim. The statute of limitations for dental malpractice cases is three years from the date of injury.

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Answered on 12/09/05, 4:16 pm
Frank Pasternak Pasternak & Zirgibel S.C.

Re: Dentist made a mistake

Based on the information provided, I cannot tell whether the dentist's "mistake" was negligent. If wish to speak to me, please feel free to call.

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Answered on 12/09/05, 7:42 pm


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