If my daughter’s permanent tooth was extracted without our permission and we were told it was a baby tooth, what can we do?

UPDATED: May 16, 2012

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If my daughter’s permanent tooth was extracted without our permission and we were told it was a baby tooth, what can we do?

My daughter had a baby tooth knocked out at the playground. Apparently the accident caused damage to the permanent tooth coming in behind it. The dentist extracted the permanent tooth but had told my husband that it was a baby tooth. They told us the next day that they were mistaken and that it was a permanent tooth. However, they justified the extraction indicating that it would have caused damage or an infection if it was left in. The tooth is in the front of her mouth. We would not have agreed to this without a second opinion or at least all of the info.

Asked on May 16, 2012 under Malpractice Law, Missouri


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to immediately seek a second opinion now, but before you do, quietly go in and ask for a copy of her file. You may need to pay a copy fee, but do so. Then, seek a second opinion, have this fixed and file a lawsuit against the dentise and the insurance company seeking damages for lack of informed consent for medical treatment and damages for reconstructive surgery. While you file this claim (you should hire an attorney), you may also wish to file a consumer complaint against the dentist with the regulatory body who licenses this dentist.

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