If I went to an endodontist and he work on the wrong tooth (which was a healthy tooth), do I have a malpractice case?

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If I went to an endodontist and he work on the wrong tooth (which was a healthy tooth), do I have a malpractice case?

He realized it half way through the procedure. What are options?

Asked on August 10, 2015 under Malpractice Law, Illinois

Answers:

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

Answered 8 years ago | Contributor

You have a dental malpractice case.

Malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a rreasonable 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 dentist, it may be possible to settle the case with the dentist's malpractice insurance carrier.  Your claim filed with the malpractice insurance carrier should include your dental bills, dental reports and if applicable, documentation of wage loss.

Compensation for the dental bills is straight reimbursement.  The dental reports will document the nature and extent of the injury and will be used to determine compensation for pain and suffering which is an amount in addition to the dental bills. 

Compensation for wage loss is straight reimbursement.

If the case is settled with the dentist's malpractice insurance carrier, NO lawsuit is filed.

If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against the dentist.

If the case is NOT settled with the dentist's malpractice insurance carrier, your lawsuit for negligence against the dentist must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

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

Answered 8 years ago | Contributor

You have a dental malpractice case.

Malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a rreasonable 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 dentist, it may be possible to settle the case with the dentist's malpractice insurance carrier.  Your claim filed with the malpractice insurance carrier should include your dental bills, dental reports and if applicable, documentation of wage loss.

Compensation for the dental bills is straight reimbursement.  The dental reports will document the nature and extent of the injury and will be used to determine compensation for pain and suffering which is an amount in addition to the dental bills. 

Compensation for wage loss is straight reimbursement.

If the case is settled with the dentist's malpractice insurance carrier, NO lawsuit is filed.

If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against the dentist.

If the case is NOT settled with the dentist's malpractice insurance carrier, your lawsuit for negligence against the dentist 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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