What to do if I recently had a root canal that was incorrectly done?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if I recently had a root canal that was incorrectly done?

My dentist was suppose to put my temporary filling in but instead the dental assistant put it while my dentist was gone. She put it wrong and i even passed out of the pain and had to be rushed to the ER and was on drugs for a whole day. the pain was too horrible. On Monday, I went back to my dentist to complain. They apologized anddid was and admitted that it was their fault; they fixed my tooth. However, I suffered horrible pain for 48 hours with no sleep or eating I cried and even fainted. the pain was so bad it went to the whole nerve of my head that’s why I passed out.Can I sue?

Asked on June 22, 2013 under Malpractice Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

In order to successfully sue for malpratice there must be an actual injury that is caused due to the negligence (or intentional act) of a medical professional or someone acting on their behalf. Pursuant to the details of your case, you appear to have a claim. At this point, you need to consult with a personal injury attorney who specializes in such cases. Most consultations of this type are free. Further, you should not delay in pursuing your potential claim since there are strict time limitations (i.e. "statutes of limitations") in initiating legal action.

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 8 years ago | Contributor

Hello. You should contact a private attorney who will advise you on your recourse. You should not post details on a public website. You should not alert the dentist that you are contacting a private attorney.  Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. All the best.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption