If I am loosing a tooth because temporary cement on my cap was too strong, is the dentist responsible for my decayed tooth?

UPDATED: Dec 7, 2010

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If I am loosing a tooth because temporary cement on my cap was too strong, is the dentist responsible for my decayed tooth?

In 07/09 I went to the dentist, while living in AZ, because of concern for my upper right canine. A cavity was found; the dentist stated the cavity was too big for a filling and recommended a crown. I accepted his recommendation, he removed the decay, and I received a temporary crown. Later the permanent crown arrived but I wasn’t satisfied with the color. The permanent crown was seated with temporary cement and I was advised to wear it home and consult family and friends on the crown. I did and returned and requested a darker shade. The dentist advised me that upgrading to the next level, which was made with more expensive materials would accomplish a more natural look and I agreed. First a dentist’s assistant tried to remove the crown but was unable to, and then the dentist tried but was unable to as well. The dentist advised me that if the crown was damaged there would be additional charges. Allowing the crown to fall off was presented as an option, to which I agreed. I let him know I would be relocating to TX and he told me as long as I would be seeing a dentist at the same dental group there, that there would be no additional charges. More than 12 months elapsed before the crown fell off, at which time I went to the dentist to get another crown. Decay was found on the tooth under the crown. The dentist in TXstated there was too much decay and presented me with 3 options: (1), a root canal; (2)an bridge; or (3) an implant; in which all would cost me additional money ranging from $400 to $4000. I feel as if I have been taken advantage of and/or someone has dropped the ball and I would like to know if I have a case against the dentists in question?

Asked on December 7, 2010 under Malpractice Law, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You need to seek consultation from an attorney in your area as to pursuing a case for dental malpractice.  The consultation is generally free so you should not be worried about a fee for same.  The requirements for prosecuting a case for dentaland/or medical malpractice varies from state to state.  In some states it is necessary that a physician of the same specialty review the records prior to the starting of a lawsuit and that they issue an affidavit that indicates that they believe the matter is tantamount to malpractice and/or the treating physician deviated from what is considered to be sound practice in the industry and that there was negligence in their treatment.  It makes it very difficult for case to be brought but does insure that only valid cases go through the court system.  Good luck.

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