Can I sue my dentist for not providing proper treatment on a recurring abscess?

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Can I sue my dentist for not providing proper treatment on a recurring abscess?

Last year I had an excruciating mouth pain that my dentist only gave me paid meds for. They said I needed to go back to the endodontist that did my root canal to have it redone. The next day I ended up in the ER with a swollen face where they diagnosed it as an abscess and treated it with steroids and antibiotics, since the abscess caused a infection. Last month my face swelled again and now I have no insurance and can’t afford to get the abscess treated. Can I sue for not having it properly treated the first time?

Asked on August 15, 2012 under Malpractice Law, New Jersey

Answers:

Thomas Reilly / Albert W Chianese & Associates

Answered 8 years ago | Contributor

 

The only thing the dentist may have done wrong was not given you an antibiotic with the referral to the endodontist. The dentist was correct to send you back to the endodontist to treat the abscess. AS the infection seemed to be controlled by the antibiotics prescribed by the hospital and you don't mention seeing the dentist again, I do not see that the dentist was at fault here. You don't seem to have seen the endodontist for re-treatment that seems to be the reason why the infection returned. Based upon the information you have provided I do not see any grounds you would have to sue any of the dentists involved in your care. You should go have that tooth treated by an endodontist.

 


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