What constitutes dental malpractice?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What constitutes dental malpractice?
My dentist thought I had a cavity, scheduled an 18 minute appointment. He kept drilling but found no cavity; it was a rare internal absorption however he drilled so far the tooth had to be pulled. Had he stopped, it could have been crowned. It is a front tooth and this has ruined my smile, self esteem and I have to wear a false tooth, as the other replacements will not work. An 18 minute appointment and I sat in the dentist’s chair for 2 hours. Not to mention that I had to pay for it, Would this be an error/malpractice on the dentist’s part?
Asked on November 27, 2013 under Malpractice Law, Montana
Answers:
Anne Brady / Law Office of Anne Brady
Answered 10 years ago | Contributor
Only another dentist who examined the X-rays and all the other dental records involved could say whether this dentist committed malpractice. You mentioned that an internal absorption is rare, which may get him off the hook, but it is hard to say. Malpractice, however, is more than error. Everyone makes mistakes. For an error to rise to the level of malpractice, it must involve a breach of the standard of care. You need to get all your records, including X-Rays, to a malpractice attorney, who will send them to a medical expert to determine whether there was malpractice. This should be at no cost to you.
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.