How long can I wait to press any kind of charges for medical malpractice?

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How long can I wait to press any kind of charges for medical malpractice?

had a root canal treatment about 2 months ago where I spent hours being told to open my mouth wide and even got a device to keep it wide open. When they just finished and got the device out, I told the odontologist to check my jaw because it didn’t feel right and it hurt, however they just told me that it was normal and I could go home. After that I went to my home country and got checked with another odontologist and she told me that my jaw muscle was not working right because of how the other dentist managed my root canal treatment. Now that I am back, I want to know if it is possible to do something about this. The pain has been present since the treatment was first done and it has also caused me a lot headaches. What would you recommend for me to do?

Asked on November 14, 2016 under Malpractice Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You have at least two years to sue for medical (including dental) malpractice in your state, so you are well within time. Generally, what you can sue for is the out-of-pocket (not paid by insurance) cost of additional medical treatment, to correct or fix the malpractice; lost wages due to the malpractice (if any); and for significant disabiity or life impairment lasting many weeks or longer, some amount for pain and suffering. The amount you can get for pain and suffering is generally related to the cost to fix or correct the problem. Since you still have plenty of time, a good place to start is get the medical treatment you need to relieve this problem; when you know how much it cost, and how long you suffered, and whether there are lasting effects, then you have enough information to consult with a malpractice attorney (many provide free initial consultations; you can verify this before making the appointment) to evaluate if you have a case, what it might be worth, how strong it is, and what it would cost to pursue. Then you can decide on your course of action.


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