I was recently incarcerated and had dental work done but they extracted the wrong tooth…. What can I do now that I am out?

Will be glad to discus
later… Thanks

Asked on September 11, 2017 under Malpractice Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can potentially sue for malpractice: pulling the incorrect tooth is almost or essentially malpractice per se (that is, it is nearly automatic malpractice, and will be held to be malpractice in most cases), since doing this is unreasonably careless, or negligent. However, malpractice suits can be very expensive to bring (you have to hire a medical/dental expert to examine you, write a report, and testify, which can cost thousands of dollars before even getting to lawyer fees or other litigation costs); it is not 100% clear that you'd receive enough compensation for this as to warrant the costs of the lawsuit. Many medical malpractice attorneys provide free initial consultations to evaluate the strength and value of a case--you can confirm this with the attorney's office before setting up the appointment. A good idea would be to speak to at least one medical malpractice attorney in person to evaluate if this is a case worth bringing.

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