Can I sue my dentist if he missed a post-op infection?

I had oral surgery over 3 weeks ago, I went back to the dentist on 3 days ago and told him I have an infection in my mouth(after following his directions exactly). He told me everything was fine. Now today, I have pus in my mouth exactly where I told him it was infected in the first placeC

Asked on November 6, 2011 under Malpractice Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether you have the factual basis to sue your dentist must first be determined by an independent third party dentist to give a dental opinion that your dentist fell below the standard of care in his or her treatment of you and that you have also suffered specific damages other than pain and suffering.

If you are interested in pursuing a claim as to your dentist, you should consult with an attorney experienced in dental malpractice. The issue that I see is what exactly are your damages in terms of dollars and cents concerning your infection excluding pain and suffering issues?

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