can i go back and have the oral surgeon pull the right tooth out

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can i go back and have the oral surgeon pull the right tooth out

the oral surgeon pulled out a good health tooth and left the infected tooth in my mouth. when i called after everything healed and i could talk i called them and told them that they pulled the wrong tooth. they asked if i could call back. it took six weeks of me calling every day and going there twice in person before i got an appointment and it was two month away. when i went there and took off from work they then decided to tell me that they no longer take my health insurance. when i asked them about what about my tooth that they left in there they just gave a blank stare

Asked on November 29, 2018 under Malpractice Law, Pennsylvania

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Medical/dental malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a medical/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 oral surgeon, it may be possible to settle the case with the oral surgeon's malpractice insurance carrier.  Obtain your bills, medical/dental report and documentation of wage loss.  Those items should be included in your claim filed with the malpractice insurance carrier.
Compensation for the dental/medical bills is straight reimbursement.  The dental/medical reports document your treatment and are used to determine compensation for pain and suffering which is an amount in addition to the dental/medical bill. Compensation for wage loss is straight reimbursement.
If the case is settled with the malpractice insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from that insurance carrier, reject them and file a lawsuit for negligence against the oral surgeon.
It would be advisable to go to a different oral surgeon to have the correct tooth extracted.  Include those bills and dental/medical reports in the claim filed with the first oral surgeon's malpractice insurance carrier.
If the case is NOT settled, your lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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