If a specialist extracted a tooth too roughly and caused me to get a dry socket and be in pain do I have a case?

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If a specialist extracted a tooth too roughly and caused me to get a dry socket and be in pain do I have a case?

A few days after the extraction I called the doctor and told him I was in pain, bleeding profusely, and swollen. I called because I suspected something was wrong and I wanted to get it checked out and the doctor told me not to worry about it that this was normal. A few days later I was bleeding again and still in pain so I called again and the same doctor was out of town. I then called my dentist and they told me to come in right away. My dentist told me I had a bad extraction on the socket that was dry. I had to pay out of my own pocket because my insurance couldn’t cover any more.

Asked on February 22, 2012 under Malpractice Law, Indiana

Answers:

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

Answered 9 years ago | Contributor

Malpractice is negligence.  Negligence is failure to exercise due care (that degree of care in this case that other medical/dental practitioners 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 first dentist, you would want to obtain your dental bills from both dentists and your dental report from the second dentist.  The opinion of the second dentist in the dental reports that the extraction was done improperly will be considered in determining whether or not there was malpractice by the first dentist.  Prior to filing a lawsuit against the first dentist, it may be possible to settle the case with his malpractice insurance carrier.  Your claim filed with the malpractice insurance carrier should include the dental bills from both dentists, the dental report from the second dentist and if applicable documentation of wage loss.  Compensation for the dental bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The dental report will be used to determine compensation for pain and suffering which is an amount in addition to the dental bills.  If you are dissatisfied with settlement offers from the first dentist's malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against the first dentist.  If the case is settled with the first dentist's malpractice insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the first dentist's malpractice insurance carrier, you will need to file your lawsuit for negligence against the first dentist prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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