If when the dentist pulled my wisdom tooth they also dislocated my jaw, do I have the right to sue them?

Asked on February 6, 2016 under Malpractice Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You always have the right to sue if you believe you were injured by another's negligence, or carelessness; and based on what you write, this very well may be professional negligence, or malpractice. The question is: is it worth suing? 
You can only sue for and win your additional medical costs (e.g. the cost to reset the jaw) and, if there is significant and long-lasting (months or more) life impairment or disability, some amount for pain and suffering. At the same time, a malpractice suit can be expensive, since you need medical expert testimony. If, as we hope, your jaw was quickly reset with minimal consequences, then there is no point to suing: you'd spend more on the case then you'd get. Otherwise, if there significant medical costs or impairment/disability, you do have the right to sue.


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