If I had a horrible dental experience last year that ended up with me in pain for almost a year and then loosing a tooth, can I still sue?

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If I had a horrible dental experience last year that ended up with me in pain for almost a year and then loosing a tooth, can I still sue?

I did not pursue anything because I wasn’t sure of the process. I have all of my records including a nasty letter from the dental office.

Asked on January 21, 2016 under Malpractice Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You *may* be able to puruse a claim (i.e. sue): the issue is not whether the experience was "horrible" or not, or whether the dental office was nasty, but whether the dental care you received was negligent, or unreasonably careless (did not rise to the level expected of a reasonably competent dentist) or not. The law accepts that sometimes, patients have a bad experience or outcome--medicine and dentistry is not perfect. It's only when the doctor or dentist did something wrong that there is malpractice. A good idea would be to consult with an experienced malpractice attorney (many provide a free initial consultation to evaluate a case; you can inquire into this before making the appointment) to discuss your situation. Bring all your documentation.


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