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Can I sue the dentist for dropping a
tube down my throat and now I’m in the
ER waiting to see what’s going on I
can’t get the tooth out and now I’m now
they put me on morphine
Asked on January 12, 2018 under Malpractice Law, Ohio
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
Medical or dental malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a medical or dental practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
Prior to filing a lawsuit for negligence against the dentist, it may be possible to settle the case with the dentist's malpractice insurance carrier.
When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports, and if applicable, documentation of wage loss. Your claim filed with the dentist's malpractice insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports will document your treatment/condition and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the dentist's malpractice insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the dentist's malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against the dentist.
If the case is NOT settled, your lawsuit for negligence against the dentist must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.